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  • © 2023 Zekelman Industries
  • Privacy Policy
  • Terms of Use

TERMS OF USE

Effective Date: February 7, 2019.

To download and/or print these Terms of Use (these "Terms"), click here

Introduction

Please read these Terms carefully before using our websites and any online services, software or apps provided by Zekelman Industries, Inc. d/b/a/ Zekelman Group, Wheatland Tube, Atlas Tube, Sharon Tube, Picoma, Western Tube, Z Modular, and Hayes Modular (collectively, "Zekelman Industries", "we", or "us" or "our") that post a link to these Terms (the "Service"). By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy .

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Zekelman Industries' liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here

Quick Links

We have summarized some (but not all) of the main topics of these Terms below. The complete provisions, and not the headings or summaries govern.

Grants and Limitations of Rights

  • We only grant you a limited revocable license to use the Service subject to rules and limitations. More
  • You grant us a broad license to the content you submit. You retain ownership of and responsibility for your content. We have the right to manage our Service to keep its content appropriate. More
  • Your use of our Service is subject to various restrictions designed to protect the Service and users.More

Limitations on Your Remedies

As permitted by applicable law,

  • We also disclaim most warranties and provide the Service "As Is". More

  • Our liability is greatly limited. More
  • Your equitable or injunctive relief rights are limited. More

Dispute Resolution

  • As permitted by law, you agree to arbitrate disputes and waive jury trial and class actions. More

Availability of Service

  • We may change or discontinue our Service, or your right to access it, in whole or in part. More Our Service is intended for access from and use in the U.S.A. [and Canada] More

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1.Ownership and your rights to use the service and content.

A. Ownership. The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Zekelman Industries, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Zekelman Industries, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Zekelman Industries owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

B. Your Rights to Use the Service and Content.

(i) Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your right any attempt to do so is void. You may use the Service and the Content solely for your lawful internal business purposes with respect to the purchase of goods and services from Zekelman Industries.

  1. C. Rights of Others. In using the Service, you must respect the Intellectual Property and rights of others and Zekelman Industries. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 5 below.

D. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. all rights not expressly granted to you are reserved by zekelman industries and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

  1. E. Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Services"). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services whether or not integrated into, linked to or otherwise available on or via our Services.

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2.Content You Submit.

A. User-Generated Content.

(i) General. Zekelman Industries may now, or in the future, offer users of the Service the opportunity to post, upload, display, publish, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, "submit") messages, text, illustrations, files, images, comments, responses, content, ratings, reviews, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any of Zekelman Industries' Content and Intellectual Property included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, posting tools, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service's posted Privacy Policy , or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us &ndash regardless of whether you mark them "confidential," "proprietary," or the like &ndash and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Zekelman Industries does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security accordingly, you acknowledge and agree that your UGC is submitted at your own risk.

In your communications with Zekelman Industries, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Zekelman Industries retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Zekelman Industries' receipt of your Unsolicited Ideas and Materials is not an admission by Zekelman Industries of their novelty, priority, or originality, and it does not impair Zekelman Industries' right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

(iii) License to Zekelman Industries of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion's official rules), which specifically govern the submission of your UGC, or in our Privacy Policy , you hereby grant Zekelman Industries, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Zekelman Industries to your UGC, you also, as permitted by applicable law, hereby grant to Zekelman Industries, and agree to grant to Zekelman Industries, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in thisSection 2.A(iii) .

(iv) Zekelman Industries' Exclusive Right to Manage Our Service. Zekelman Industries may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Zekelman Industries may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect users from harmful UGC. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere.

(v) Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Zekelman Industries the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any obligation on the part of Zekelman Industries to obtain consent of any third-party and without creating any obligation or liability of Zekelman Industries (b) the UGC is accurate (c) the UGC does not and, as to Zekelman Industries' permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

(vi) Enforcement. Zekelman Industries has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Zekelman Industries' cost and expense, to which you hereby consent and irrevocably appoint Zekelman Industries as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

B. Appropriate Content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it here For alleged infringements of Intellectual Property rights, see Section 5.

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3. Service and content USE RESTRICTIONS.

A. Service Use Restrictions. You agree that you will not: (i) use the Service in any manner other than for your internal business purposes with respect to the purchase of goods and services from Zekelman Industries (ii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service (iii) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Zekelman Industries, or other users of the Service (iv) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC (v) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users) (vi) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means or (vii) otherwise violate these Terms or any applicable Additional Terms.

B. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind (ii) will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout) (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such Content (iv) will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands (v) will not make any modifications to such Content (other than to the extent of your specifically permitted use of the Service, if applicable) (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Zekelman Industries or, in the case of content from a licensor, the owner of the content and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience or the Service.

C. Availability of Service and Content. Zekelman Industries, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, and without advance notice or liability.

4.CREATING AN Account.

A. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your account and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us as provided in Section 6 of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

B. Accounts may only be set up by an authorized representative of the party that is the subject of the account. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

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  1. Procedure For Alleging Copyright Infringement.

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, you may submit such notice to us in writing that includes all of the following:

(i) a legend or subject line that says: "DMCA Copyright Infringement Notice"

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears)

(iv) your full name, address, telephone number, and email address

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed) and

(vii) your electronic or physical signature.

Zekelman Industries will only respond to DMCA Notices that it receives by mail or email at the addresses below:

By Mail: 227 West Monroe Street, Suite 2600, Chicago, IL 60606 (Attention: Legal Department)

By Email: Legal@zekelman.com

For more information call: 800-895-7899

It is often difficult to determine if your copyright has been infringed. Zekelman Industries may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Zekelman Industries may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work.

6. Notices, Questions and CUSTOMER Service.

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: 227 West Monroe Street, Suite 2600, Chicago, IL 60606 (Attention: Legal Department). If you have a question regarding the Service, you may contact Zekelman Industries by sending an email to Legal@zekelman.com or calling us at 800-895-7899. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive the Terms or applicable Additional Terms.

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7. Product Specifications Pricing Typographical Errors.

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We strive to accurately describe our products or services offered on the Service however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Zekelman Industries shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. The Additional Terms shall apply to all orders.

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8. Arbitration And Dispute Terms

A. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms (collectively, "Dispute") shall be in Chicago, Illinois. Each party submits to personal jurisdiction and venue in Chicago, Illinois for any and all purposes.

B. Pre-Arbitration Notification. Zekelman Industries and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated provided, however, that Zekelman Industries need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim &ndash whether you or Zekelman Industries &ndash shall send a letter to the other side briefly summarizing the claim and the request for relief. If Zekelman Industries is making a claim, the letter may be sent, via email, to the email address listed in your Zekelman Industries account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 8.B. If you are making a claim, the letter shall be sent to 227 West Monroe Street, Suite 2600, Chicago, IL 60606 (Attention: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 8. Either you or Zekelman Industries, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 8.D) before the expiration of this sixty (60)-day period.

C. Arbitration of Claims. All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Chicago, Illinois, before a single arbitrator. If the matter in dispute is between Zekelman Industries and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Chicago, Illinois or, if sought by Zekelman Industries, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Circuit Court of Cook County, Illinois or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

D. Limitation on Injunctive Relief. As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with your use of the service, then the losses, damages, and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. this means (without limitation) that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, ugc, product, service, or intellectual property owned, licensed, used, or controlled by any zekelman industries party (defined below) (including your licensed ugc) or a licensor of any zekelman industries party.

E. Governing Law. These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Zekelman Industries or by Zekelman Industries against you pursuant to this Section 8, or otherwise related to the Service, Content, UGC or other Zekelman Industries products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Illinois, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. 1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Zekelman Industries agree that we intend that this Section 8 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 8 can only be amended by mutual agreement. Either party may seek enforcement of this Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

F. Class Action Waiver. As permitted by applicable law, both you and Zekelman Industries waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 8 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

G. Jury waiver. as permitted by applicable law, the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these terms, the breach thereof and/or the scope of the provisions of this section, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof.

H. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 8.F.

I. The provisions of this Section 8 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 8 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

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9.Disclaimer of Representations and Warranties.

A. As permitted by applicable law, your access to and use of the service is at your sole risk and the service is provided on an "as is", "as available", and "with all faults" basis. To the fullest extent permissible by applicable law, Zekelman Industries and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Zekelman Industries Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, UGC or other Zekelman Industries products or services, except as set forth in subsection C, below.

B. Except for any specific warranties provided herein, or in applicable additional terms, or as otherwise required by applicable law, zekelman industries parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

C. Notwithstanding the foregoing, this section does not expand or limit (i) any express, written product warranty or related disclaimers that are provided by zekelman industries parties or their suppliers with regard to a physical product sold by zekelman industries parties to you, or any warranty on a physical product to the extent required by applicable law (ii) zekelman industries parties' liability for personal injury to you caused by zekelman industries parties to the extent not waivable or cannot be limited under applicable law or (iii) any cause of action you may have against zekelman industries parties that is not waivable or cannot be limited under applicable law.

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10. Limitations of Our Liability.

A. As permitted by applicable law, under no circumstances will any zekelman industries parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, UGC or other Zekelman Industries products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Zekelman Industries.

B. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Zekelman Industries Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

C. As permitted by applicable law, in no event will zekelman industries parties' total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the service and your rights under these terms, exceed an amount equal to the amount you have paid zekelman industries in connection with the transaction(s) that underlie the claim(s).

D. Notwithstanding the foregoing, this section does not expand or limit (i) any express, written product warranty or related disclaimers that are provided by zekelman industries parties or their suppliers with regard to a physical product sold by zekelman industries parties to you, or any warranty on a physical product to the extent required by applicable law (ii) zekelman industries parties' liability for personal injury to you caused by zekelman industries parties to the extent not waivable or cannot be limited under applicable law or (iii) any cause of action you may have against zekelman industries parties that is not waivable or cannot be limited under applicable law.

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11. Updates to Terms.

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). each time you sign in to or otherwise use the service you are entering into a new agreement with us on the then applicable terms and conditions and you agree that we may notify you of new terms by posting them on the service (or in any other reasonable manner of notice which we elect), and that your use of the service after such notice constitutes your going forward agreement to the new terms for your new use and transactions. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.

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12. General Provisions.

A. Zekelman Industries' Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants Zekelman Industries a right of consent or approval, or permits Zekelman Industries to exercise a right in its "sole discretion," Zekelman Industries may exercise that right in its sole and absolute discretion. No Zekelman Industries consent or approval may be deemed to have been granted by Zekelman Industries without being in writing and signed by an officer of Zekelman Industries.

B. Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Zekelman Industries), indemnify, and hold Zekelman Industries Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Zekelman Industries Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC (ii) your use of the Service and your activities in connection with the Service (iii) your breach or alleged breach of these Terms or any applicable Additional Terms (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service (v) information or material transmitted by you or through your account that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity (vi) any misrepresentation made by you and (vii) Zekelman Industries Parties' use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by Zekelman Industries Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Zekelman Industries Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Zekelman Industries Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Zekelman Industries Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

C. Operation of Service Availability of Products and Services International Issues. Zekelman Industries controls and operates the Service from the U.S.A. [and Canada], and makes no representation that the Service is appropriate or available for use beyond the U.S.A. [or Canada]. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

D. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

E. Severability Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

F. Termination Survival. Upon suspension or termination of your access to the Service, or upon notice from Zekelman Industries, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Zekelman Industries in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

G. Assignment. Zekelman Industries may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Zekelman Industries.

H. Complete Agreement No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Zekelman Industries in exercising any rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

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New Privacy Policy United States User

Effective Date: March 11, 2019

To download and/or print this Privacy Policy("Privacy Policy"), click here.

Privacy Policy Scope

Welcome! An overview of this Zekelman Industries Privacy Policy is provided below. To see the full text, click on the links. This Privacy Policy applies to your use of any online services (e.g., website, software, or mobile app) that post a link to this Privacy Policy, regardless of how you access or use it. Click here to view our Terms of Use.

Contents

  1. INFORMATION WE COLLECT
    1. Information about You that You Provide.
    2. Information Collected Automatically.
    3. Information Zekelman Industries Collects From Other Sources.
  2. HOW WE USE THE INFORMATION WE OBTAIN.
  3. INFORMATION WE SHARE WITH THIRD PARTIES.
  4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.
  5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.
  6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.
  7. DATA SECURITY AND MONITORING.
  8. INTERNATIONAL TRANSFER.
  9. CHILDREN'S PRIVACY.
  10. ACCESSING AND CHANGING INFORMATION.
  11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.
    1. Tracking Technologies Generally.
    2. Analytics and Advertising Tracking Technologies.
    3. Communications.
  12. YOUR CALIFORNIA PRIVACY RIGHTS.
  13. CHANGES TO THIS PRIVACY POLICY.
  14. CONTACT ZEKELMAN INDUSTRIES.

Quick Links

We have summarized some (but not all) of the main topics of this Privacy Policy below. The complete provisions, and not the headings or summaries, govern.

Your Choices and Your CA Privacy Rights

You have certain choices regarding information collection and communications options explained here including:

  • California residents have certain privacy rights detailed here;
  • Although Zekelman Industries does not look for or respond to "do not track" signals, you can find information on tracking technologies here and certain choice options regarding Tracking Technologies here;
  • Your options regarding accessing and changing certain of your Personal Information are available here;
  • Your options regarding promotional communications are explained here; and
  • Children's and minors' privacy rights, and notice to parents of these rights, are explained here.

Collection of Information

  • Zekelman Industries may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., gender, interests, etc.), which may be required to access certain content, features, and functionality. More
  • Zekelman Industries and third parties may collect information from you automatically as you access the Service (e.g., information about the devices you use to access the Service and your usage activities). More
  • This may include use of cookies and other technologies to keep track of your interactions with the Service, and to serve you with ads on third-party services, to offer you a more personalized and relevant experience. More
  • The information Zekelman Industries receives via the Service may be combined with information Zekelman Industries receives from third parties and sources outside of the Service. More
  • Zekelman Industries' policies and practices regarding Personal Information collected from children are explained here.

Use of Information

The information Zekelman Industries collects is used for a variety of purposes as detailed in this Privacy Policy. For example, your information helps Zekelman Industries provide and improve the Service, communicate with you, serve advertising and offers to you, and operate Zekelman Industries' business. More

Sharing of Information

  • Zekelman Industries may share the information Zekelman Industries receives from or about you via the Service (or give others access to it), including your Personal Information, for a variety of purposes, as detailed in this Privacy Policy. More. These include, without limitation:
    • to deliver and improve Zekelman Industries' services;
    • for Zekelman Industries Affiliates' (defined below) marketing and other purposes;
    • in connection with corporate transactions (e.g., merger or sale);
    • to display your posts or send your messages (More);
    • in connection with your use of third-party services (More); and
    • in connection with sweepstakes, contests and promotions (More).
  • Zekelman Industries obtains your consent (e.g., opt-in, opt-out), however, before knowingly sharing Personal Information with third parties (other than Zekelman Industries Affiliates for their own direct marketing purposes).
  • Zekelman Industries may share your non-Personal Information, aggregate and/or de-identified information about you except as prohibited by applicable law.

Questions and How to Contact Zekelman Industries

For more information about Zekelman Industries' privacy practices regarding the Service, read the full Privacy Policy. You can also contact Zekelman Industries here if you have questions or concerns.

Table of Contents

For a clickable table of contents that will help you find and navigate to all the sections of the full Privacy Policy, click here.

FULL ZEKELMAN INDUSTRIES PRIVACY POLICY

Thank you for visiting an online service (e.g., website or mobile app) that posts a link to this Privacy Policy ("Service") owned or operated by Zekelman Industries, Inc. d/b/a/ Zekelman Group, Wheatland Tube, Atlas Tube, Sharon Tube, Picoma, Western Tube, Z Modular, and Hayes Modular ("Zekelman Industries" "we" "our" or "us"). This Privacy Policy will provide you with information as to how Zekelman Industries collects, uses, and shares information about you, including the choices Zekelman Industries offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to the Service's Terms of Use and consent to Zekelman Industries' data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads and applications.

1. INFORMATION WE COLLECT

    1. Information about You that You Provide.

      Zekelman Industries, and/or its Service Providers (defined below), may collect information you provide directly to Zekelman Industries and/or its Service Providers via the Service. For example, Zekelman Industries collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third-Party Services' data collection and practices click here. For more information on Service Provider data collection and practices click here.

      Information Zekelman Industries, its Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, address, and full payment account number ("Personal Information"); and (2) demographic information, such as your zip code, recent and upcoming purchases, company name, and job title ("Demographic Information"). Except to the extent required by applicable law, Demographic Information is "non-Personal Information" (i.e., data that is not Personal Information under this Privacy Policy). In addition, Personal Information, including, without limitation, Zekelman Industries-Collected PI (defined below), once "De-identified" (i.e., the removal or modification of the personally identifiable elements, or the extraction of non-personally identifiable elements including through anonymization, pseudonymization, and/or hashing) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law. However, we do not make assurances that De-identified data is not capable of re-identification. To the extent any non-Personal Information is combined by or on behalf of Zekelman Industries with Personal Information Zekelman Industries itself collects directly from you on the Service ("Zekelman Industries-Collected PI"), Zekelman Industries will treat the combined data as Zekelman Industries-Collected PI under this Privacy Policy.

      EEOC / Affirmative Action Reporting. In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission ("EEOC"), the Office of Federal Contract Compliance Programs ("OFCCP") and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.

    2. Information Collected Automatically.

      Zekelman Industries, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service ("Usage Information"). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Zekelman Industries with Zekelman Industries-Collected PI, Zekelman Industries does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Zekelman Industries-Collected PI. For more information on Third-Party Services' data collection and practices click here. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.

      The methods that may be used on the Service to collect Usage Information include:

      • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
      • Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
        • Cookies:
          A cookie is a small text file that is stored on a user's device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser's method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won't control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.
        • Web Beacons ("Tracking Pixels"):
          Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
        • Embedded Scripts:
          An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Zekelman Industries' web server, or from a third party with which Zekelman Industries works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
        • Location-identifying Technologies:
          GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked for purposes such as real time pricing and inventory information based on location.
        • Device Recognition Technologies:
          Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) ("Cross-device Data").
        • Video Viewing:
          We may target and track the videos you view on the Service. You consent to our tracking of your video viewing through the Service or third-party social media for up to two years or as permitted by applicable law.
    3. Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services, and used by Zekelman Industries and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 11 regarding certain choices regarding these activities.

      Zekelman Industries is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed.

    4. Information Zekelman Industries Collects From Other Sources.

      Zekelman Industries may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Zekelman Industries-Collected PI. Notwithstanding anything to the contrary, except to the extent such data combined by or on behalf of Zekelman Industries with Zekelman Industries-Collected PI, this Privacy Policy is not intended to limit Zekelman Industries' activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information), and such data will only be treated as Zekelman Industries-collected PI to the extent it is combined with Zekelman Industries-collected PI. Zekelman Industries is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

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2. HOW WE USE THE INFORMATION WE OBTAIN.

  1. Zekelman Industries may use information about you, including Zekelman Industries-Collected PI and other Personal Information, for any purposes not inconsistent with Zekelman Industries' statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:
    • Allow you to participate in the features we offer on the Service;
    • Facilitate, manage, personalize, and improve your online experience;
    • Process your registration, manage your account and/or upload your User Generated Content ("UGC"). (For more information on how UGC is treated under the Service's Terms of Use. For more on the public nature of UGC, see Section 5);
    • Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
    • Zekelman Industries Affiliates' marketing and other purposes;
    • Improve the Service and for any other internal business purposes;
    • Tailor our content, advertisements, and offers;
    • Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
    • Determine your location and manage digital content rights (e.g., territory restrictions); and
    • Prevent and address fraud, breach of policies or terms, and threats or harm.
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3. INFORMATION WE SHARE WITH THIRD PARTIES.

  1. Zekelman Industries may share non-Personal Information, and Personal Information that is not deemed Zekelman Industries-Collected PI hereunder (provided that Zekelman Industries is aware of no restrictions of Zekelman Industries' use, if any), with third parties or other Zekelman Industries companies, including business divisions such as Wheatland Tube and Atlas Tube (the "Zekelman Industries Affiliates") for any purpose.

    Without limiting the generality of the foregoing, we and third parties may convert your Personal Information, including Zekelman Industries-Collected PI, to non-Personal Information, including without limitation through hashing it or substituting a unique identifier for the Personal Information and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third party activities are subject to their privacy policies and practices. Zekelman Industries' sharing of Zekelman Industries-Collected PI is, however, subject to the following:

    • Marketing: Subject to your communications choices explained in Section 11.c, and the rights of California residents explained here, we may use your Personal Information to send you marketing communications. Absent your consent (which may be by means of opt-in, your election not to opt-out, or a third party interaction described in the next bullet point), however, Zekelman Industries will not share your Zekelman Industries-Collected PI with third parties, other than Zekelman Industries Affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
    • Your Disclosure or Consent: As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Zekelman Industries-collected Personal Information (as well as your other Personal Information and your non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third party data receipt and collection is subject to the privacy and business practices of that third party, not Zekelman Industries.

    Zekelman Industries may also share any information about you (including, without limitation, Zekelman Industries-Collected PI) for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

    • Zekelman Industries' agents, vendors, consultants, and other service providers (collectively "Service Providers") may receive, or be given access to, your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on Zekelman Industries' behalf, provided however, Zekelman Industries does not authorize its Service Providers to use Zekelman Industries-Collected PI provided by Zekelman Industries to the Service Providers to send you direct marketing messages other than related to Zekelman Industries and Zekelman Industries Affiliates absent your consent. For more information on choices Service Providers may offer you click here.
    • To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request; and
    • If Zekelman Industries believes your actions are inconsistent with Zekelman Industries' terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of Zekelman Industries, the Service or its users, or any third party.

    In addition, Zekelman Industries may share your Zekelman Industries-Collected Personal Information (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Zekelman Industries assets, or transfer of all or a portion of Zekelman Industries' business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding ("Corporate Transactions").

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4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.

  1. Zekelman Industries may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Zekelman Industries, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.

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5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.

  1. The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered "public" and will be accessible by anyone, including Zekelman Industries. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to Zekelman Industries' usage or sharing limitations, or other obligations, regarding Zekelman Industries-Collected PI or other Personal Information under this Privacy Policy or otherwise, and may be used and shared by Zekelman Industries and third parties to the fullest extent not prohibited by applicable law. Zekelman Industries encourages you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated under the Service's Terms of Use click here. California minors should see Section 9 regarding potential removal of certain UGC they have posted on the Service.

    Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Zekelman Industries relies on you to only send to people that have given you permission to do so. The recipient's Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Zekelman Industries for any other marketing purpose unless Zekelman Industries obtains consent from that person. Your contact information and message may be included in the communication.

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6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.

  1. The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties ("Third-Party Service(s)"). Some of these Third-Party Services may license our name and marks. When this occurs, they post their own terms and privacy policy. They, not Zekelman Industries, are responsible for such Third-Party Services' data practices and privacy policies and you should review their privacy policies and terms of use before using those services. An example is Creative Promotional Products for purchasing products such as apparel, drinkware, and stationary (see www.zekelmanstore.com). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

    Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks ("Social Features"). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; "liking" or "sharing" Zekelman Industries' content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see

    Except to the extent we combine information we receive from Service Providers, Third-Party Services, or other third parties with Zekelman Industries-Collected PI, in which case Zekelman Industries will treat the combined information as Zekelman Industries-Collected PI under this Privacy Policy (see Section 1.c) data obtained by Zekelman Industries from a third party, even in association with the Service, is not subject to Zekelman Industries' limitations regarding Zekelman Industries-Collected PI under this Privacy Policy, however such data remains subject to any restrictions imposed on Zekelman Industries by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Zekelman Industries, the types of information shared, and your choices on what is visible to others on Third-Party Services.

    Zekelman Industries is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

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7. DATA SECURITY AND MONITORING.

  1. Zekelman Industries takes reasonable measures to protect Zekelman Industries-Collected PI (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Zekelman Industries does not guarantee the security of your information collected through the Service.

    To help protect you and others, Zekelman Industries and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Zekelman Industries-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of Zekelman Industries Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.

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8. INTERNATIONAL TRANSFER.

  1. Zekelman Industries is based in the U.S. and the information Zekelman Industries and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

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9. CHILDREN'S PRIVACY.

  1. The Service is intended for a general audience and not directed to children less than 13 years of age.

    Zekelman Industries does not intend to collect personal information as defined by the U.S. Children's Online Privacy Protection Act ("COPPA") ("Children's Personal Information") in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.

    Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Zekelman Industries here, detailing where the content or information is posted and attesting that you posted it. Zekelman Industries will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Zekelman Industries does not control.

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10. ACCESSING AND CHANGING INFORMATION.

  1. Zekelman Industries may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Zekelman Industries-Collected PI, and potentially certain other information about you (e.g., profile and account information). Zekelman Industries will make good faith efforts to make requested changes in Zekelman Industries' then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Zekelman Industries' databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

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11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.

    1. Tracking Technologies Generally.

      Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe's website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

      Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.

      Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, Zekelman Industries currently does not alter Zekelman Industries' practices when Zekelman Industries receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com, but Zekelman Industries is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Zekelman Industries is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

    2. Analytics and Advertising Tracking Technologies.

      You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled Adobe website preferences.

      You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA's opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Zekelman Industries supports the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Zekelman Industries directly engages to serve you Interest-based Advertising will do so as well, though Zekelman Industries cannot guaranty their compliance. Zekelman Industries is not responsible for effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs.

    3. Communications.

      You can opt out of receiving certain promotional communications (emails or text messaging) from Zekelman Industries at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account and (ii) for text messages, following the instructions provided in text messages from Zekelman Industries to text the word, 'STOP.' Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Zekelman Industries may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Zekelman Industries' ongoing business relations. Except in connection with Corporate Transactions, to prospectively opt-out of our sharing of your Zekelman Industries-Collected PI, other than with Zekelman Industries Affiliates, for their own direct marketing purposes, contact us here.

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12. YOUR CALIFORNIA PRIVACY RIGHTS.

  1. Zekelman Industries provides California residents with the option to opt-in or opt-out to sharing of "personal information" as defined by California's "Shine the Light" law with third parties, other than Zekelman Industries Affiliates, for such third parties' own direct marketing purposes. California residents may exercise that opt-out, and/or request information about Zekelman Industries' compliance with the Shine the Light law, and obtain disclosure of third parties Zekelman Industries has shared information with in accordance with the law for their direct marketing purposes absent your choice and the categories of information shared, by contacting Zekelman Industries here or by sending a letter to Zekelman Industries at 227 West Monroe Street, Suite 2600, Chicago, IL 60606 (Attention: Legal Department) or by emailing privacy@zekelman.com. Requests must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Zekelman Industries is only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided e-mail address or mail address.

    California minors should see "Children's Privacy" at Section 9 regarding removal of certain content they have posted.

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13. CHANGES TO THIS PRIVACY POLICY.

  1. We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected Zekelman Industries-Collected PI, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

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14. CONTACT ZEKELMAN INDUSTRIES.

  1. If you have any questions about this Privacy Policy, please contact Zekelman Industries here or at 227 West Monroe Street, Suite 2600, Chicago, IL 60606 (Attention: Legal Department).

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Privacy Policy - Canada

Effective Date: March 6, 2019

To download and/or print this Privacy Policy ("Privacy Policy"), click here.

Privacy Policy Scope

Welcome! An overview of this Zekelman Industries Privacy Policy is provided below. To see the full text, click on the links. This Privacy Policy applies to your use of any online services (e.g., website, software, or mobile app) that posts a link to this Privacy Policy, regardless of how you access or use it. Click here to view our Terms of Use.

Quick Links

We have summarized some (but not all) of the main topics of this Privacy Policy below. The complete provisions, and not the headings or summaries govern.

Your Choices and Your Privacy Rights
You have certain choices regarding Personal Information collection and communications options, including:

  • Although Zekelman Industries does not look for or respond to "do not track" signals, you can find information on tracking technologies here and certain choice options regarding Tracking Technologies here
  • You may choose not to provide certain Personal Information, or opt-out from its use for secondary purposes, as described here
  • Your options regarding accessing and changing certain of your Personal Information are available here
  • Your options regarding the receipt of marketing promotional communications are explained here and

Collection of Information

  • Zekelman Industries may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., gender, interests, etc.), which may be required to access certain content, features, and functionality. More
  • Zekelman Industries and third parties may collect information from your device automatically as you access the Service (e.g., information about the devices you use to access the Service and your usage activities). More
  • This may include use of cookies and other technologies to keep track of your interactions with the Service, and to serve you with ads on third-party services, to offer you a more personalized and relevant experience. More
  • The Personal Information Zekelman Industries receives via the Service may be combined with information Zekelman Industries receives from third parties and sources outside of the Service. More
  • Zekelman Industries products and services are not directed to children, and we do not intentionally collect the personal information of children, as explained here.

Use of Information
The Personal Information Zekelman Industries collects is used for a variety of purposes as detailed in this Privacy Policy. For example, your information helps Zekelman Industries provide and improve the Service, communicate with you, serve advertising and offers to you, and operate Zekelman Industries' business. More

Sharing of Information

  • Zekelman Industries may share the information Zekelman Industries receives from or about you via the Service (or give others access to it), including your Personal Information, for a variety of purposes, as detailed in this Privacy Policy. More. These include, without limitation:
  • to deliver and improve Zekelman Industries' services
  • for Zekelman Industries Affiliates' (defined below) marketing and other purposes
  • in connection with corporate transactions (e.g., merger or sale)
  • to send your messages (More)
  • in connection with your use of third party services (More)and
  • in connection with sweepstakes, contests and promotions (More).
  • Zekelman Industries obtains your consent (e.g., opt-in, opt-out), however, before sharing Personal Information with third parties (other than Zekelman Industries Affiliates) for their own direct marketing purposes.
  • Zekelman Industries may share Non-Personal Information, (including aggregated and/or de-identified information) except as prohibited by applicable law.

Questions and How to Contact Zekelman Industries
For more information about Zekelman Industries' privacy practices regarding the Service, read the full Privacy Policy. You can also contact Zekelman Industries here if you have questions or concerns.

Table of Contents
For a clickable table of contents that will help you find and navigate to all the sections of the full Privacy Policy click Return to here.

FULL ZEKELMAN INDUSTRIES PRIVACY POLICY

Thank you for visiting an online service (e.g., website or mobile app) that posts a link to this Privacy Policy ("Service") owned or operated by Zekelman Industries, Inc. d/b/a/ Zekelman Group, Wheatland Tube, Atlas Tube, Sharon Tube, Picoma, Western Tube, Z Modular, and Hayes Modular ("Zekelman Industries" "we" "our" or "us"). This Privacy Policy will provide you with information as to how Zekelman Industries collects, uses, and shares information about you, including the choices Zekelman Industries offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to the Service's Terms of Use and consent to Zekelman Industries' data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads and applications.

  1. INFORMATION WE COLLECT
    1. Types of Information that We Collect

      Information Zekelman Industries, its Service Providers and/or Third-Party Services collects the following types of information:

      (1) personal information, which is any information about an identifiable individual, such as your first and last name, e-mail address, phone number, address, full payment account number, employer, and job title, as well as any other data that may be linked to your account or profile ("Personal Information"). Zekelman industries collects, uses and discloses Personal Information in accordance with applicable privacy laws, and as set out in this Privacy Policy.

      (2) non-personal information, which is any data that is not about an identifiable individual and that cannot reasonably be linked to an identifiable individual ("Non-Personal Information"). Non-Personal Information may include aggregated level data, such as demographic information grouped by postal code, as well as information relating to corporations, rather than individuals (such as recent and upcoming purchases and company name. In addition, Non-Personal Information can include Personal Information that has been reliably "de-identified" through the removal or modification of personally identifiable data elements, or the extraction of non-personally identifiable elements such that the resulting data may not be re-associated with an identifiable individual. Under applicable privacy law, Non-Personal Information may be collected, used and disclosed without restriction.

    2. Sources of Personal Information

      Zekelman Industries, and/or its Service Providers (defined below), may collect Personal Information from several sources. Most of the Personal Information that we retain about you is information that you provide to us and/or our Service Providers directly via the Service. For example, Zekelman Industries collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third-Party Services' data collection and practices click here. For more information on Service Provider data collection and practices click here.

      Zekelman Industries, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service ("Usage Information"). Usage Information may include data elements such as IP address, device identifier, browser type, operating system and information about your use of the Service. For more information on Third-Party Services' data collection and practices click here. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.

      The methods that may be used on the Service to collect Usage Information include:

      • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
      • Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), location-identifying technologies, device recognition technologies, and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
      • Cookies:
        A cookie is a small text file that is stored on a user's device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser's method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work.
      • Web Beacons ("Tracking Pixels"):
        Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and e-mail messages. When the page or message is loaded, these technologies request a small clear image from the server of the party that embedded the beacon, thereby indicating to that party that the page or message was loaded. Web beacons may be used, among other things, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
      • Location-identifying Technologies:
        GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked for purposes such as real time pricing and inventory information based on location.
      • Device Recognition Technologies:
        Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).
      • Video Viewing:
        We may track the number of times our videos are viewed on the Service, including "unique views" but do not otherwise track individual viewership or ad this data to user's profile.
    3. Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services, and used by Zekelman Industries and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 11 regarding certain choices regarding these activities.

      Zekelman Industries is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed.

    4. Information Zekelman Industries Collects From Other Sources. Zekelman Industries may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Zekelman Industries-Collected Personal Information.
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  2. HOW WE USE THE INFORMATION WE OBTAIN.
    Zekelman Industries may use your Personal Information for the purposes set out below, or as may be otherwise disclosed by us from time to time, including, without limitation, the following:
    • Allow you to participate in the features we offer on the Service
    • Facilitate, manage, personalize, and improve your online experience
    • Process your registration, and generally manage your account
    • Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content, and send you notices
    • Improve the Service and our business operations by better understanding user needs and behaviour
    • Tailor our content to demonstrated or perceived user preferences
    • Fulfull other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so
    • Determine your location so as to manage digital content rights (e.g. territory restrictions) and
    • Prevent and address fraud, breach of policies or terms (including the Terms &Conditions), threats or harm and other illegal or prohibited activity.

    As permitted by law, we may also use some of your Personal Information for purposes not directly connected to your use of the Service, as set out below. In some cases, you may choose not to participate in such activities, or not to provide us with your Personal Information. In other cases, you may opt-out of the use of your Personal Information for secondary purposes by contacting us, as set out below in Section 12 or by exercising the choices described in Section 11. These uses and purposes include:

    • With your consent, or as otherwise permitted by law, we and/or Zekelman Industries Affiliates may send you newsletters, email communications, or other communications in order to provide you with up-to-date information about our services, and to publicize and promote certain content, products and services offered by us, our business partners and/or other third parties.
    • We have agreements with third party advertising services to present you with advertising on third party web sites based on your previous interaction with the Services, enabled through the technologies set out in Section 1(B).
    • We also collect certain information about your interaction with and use of the Services, using some of the technologies described in Section 1(B) in order to better understand how the Service is used.
    • To participate in certain Services-related promotions, including, but not limited to, contests, sweepstakes and surveys, there may be a separate registration process which may require the submission of Personal Information. See Section 4 for more details.

    Note that under most applicable Canadian privacy laws, information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession such as the individual's name, position name or title, work address, work telephone number, work fax number or work electronic address, may be collected, used or disclosed solely for the purpose of communicating or facilitating communication with the individual in relation to their employment, business or profession.

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  3. INFORMATION WE SHARE WITH THIRD PARTIES.

    Zekelman Industries may share your Personal Information with third parties in a limited number of circumstances, as described below:

    Zekelman Industries may share any Personal Information about you for any purposes that are consistent with this Privacy Policy, or other statements or disclosures we may make to you, and including, without limitation, the following:

    • Zekelman Industries may from time to time disclose your Personal Information to third parties that we engage to provide services on our behalf, such as payment card processors, information technology support services and marketing companies (collectively "Service Providers"). We will limit any such disclosure to only the Personal Information that is reasonably necessary for the purpose or service for which the Service Provider is engaged. We will use contractual and other means to provide a comparable level of protection while the information is being processed by these Service Providers, including limiting such providers to using your Personal Information solely to provide Zekelman Industries with the specific service for which they were engaged, and for no other purpose. For more information on choices Service Providers may offer you click here.
    • To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request.
    • If Zekelman Industries believes your actions are inconsistent with Zekelman Industries' terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of Zekelman Industries, the Service or its users, or any third party.
    • As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Zekelman Industries-collected Personal Information (as well as your other Personal Information and your Non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Zekelman Industries.
    • As permitted by law, we may share your Personal Information with Zekelman Industries Affiliates, for their own direct marketing purposes.

    Zekelman Industries will not share your personal information with third parties for their own marketing purposes.

    In addition, Zekelman Industries may share your Personal Information where reasonably required in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Zekelman Industries assets, or transfer of all or a portion of Zekelman Industries' business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. In any such case, the recipient parties will be contractually required to keep the information confidential and use it only for the purposes of the transaction, or proposed transaction, in question. In the event a business transaction is affected, assignees or successors of Zekelman Industries or our business or assets, or those of our affiliated entities, may use and disclose Personal Information only for the purposes as set out this Privacy Policy, unless further consent is obtained.

    Zekelman Industries may also share Non-Personal Information with third parties or other Zekelman Industries companies, including business divisions such as Wheatland Tube and Atlas Tube for any purpose. Without limiting the generality of the foregoing, we may de-identify your Personal Information such that it may no longer be associated with you as an identifiable individual, and we may use and share such data without restriction.

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  4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.

    Zekelman Industries may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including Promotions jointly sponsored or offered by third parties, which may require users to submit Personal Information in order to enter or participate. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Zekelman Industries, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list), as set out in documentation relating to such Promotions. By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.

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  5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.

    The Service may offer you the option to send a communication to a friend or other contact. If so, Zekelman Industries relies on you to only send to people that have given you permission to do so. The recipient's Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Zekelman Industries for any other marketing purpose unless Zekelman Industries obtains consent from that person. Your contact information and message may be included in the communication.

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  6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.

    The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties ("Third-Party Service(s)"). [Some of these Third-Party Services may license our name and marks. When this occurs, they post their own terms and privacy policy. They, not Zekelman Industries, are responsible for such Third-Party Services' data practices and privacy policies and you should review their privacy policies and terms of use before using those services. An example is Creative Promotional Products for purchasing products such as apparel, drinkware, and stationary (see www.zekelmanstore.com).] These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

    Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks ("Social Features"). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service"liking" or "sharing" Zekelman Industries' contentlogging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service)and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service, such as through a small display program from a social network (a "widget") that may be included on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Zekelman Industries or other Zekelman Industries Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Zekelman Industries and Zekelman Industries Affiliates. Also, both Zekelman Industries and the third party may have access to certain information about you and your use of the Service and any Third-Party Service. In such cases, the use by the Third- Party Services of your Personal Information will be governed by the privacy policies and terms of use of those services.

    Zekelman Industries may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as "interest-based advertising" and "online behavioral advertising" ("Interest-based Advertising"), which may include sending you an ad on a third-party service after you have left the Service (i.e., "retargeting"). You may opt-out of the use of your Personal Information to send you Interest-based Advertising, as explained Section 11(B).

    Zekelman Industries may use Google Analytics, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Zekelman Industries analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service's activity, and providing other services relating to Service activity and other Internet usage. Information respecting exercising your choices with respect to such activity is explained in Section 11.

    Zekelman Industries is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use.

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  7. DATA SECURITY AND MONITORING.

    Zekelman Industries takes reasonable measures to protect Personal Information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Zekelman Industries does not guarantee the security of your information collected through the Service.

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  8. INTERNATIONAL TRANSFER.

    Zekelman Industries is based in the U.S. Accordingly, please be aware that information collected through the Service, including Personal Information, may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence.

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  9. CHILDREN's PRIVACY.

    The Service is intended for a general audience and not directed to children less than 13 years of age.

    Zekelman Industries does not intend to collect the Personal Information of minors. If we become aware that we have collected the Personal Information of a child, we will promptly remove and irrevocably erase such data.

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  10. ACCESSING AND CHANGING YOUR PERSONAL INFORMATION.

    We will take all reasonable steps to ensure that all Personal Information that we collect, use or disclose is as accurate, complete and up-to-date as required for the purposes for which it was collected. Please contact us if your details change or if you believe the information we have about you is not accurate or complete.

    Zekelman Industries may provide web pages or other mechanisms allowing you to delete, correct, or update some of your Personal Information, such as profile and account information.

    As required by applicable privacy law in your jurisdiction, we will, on request, provide you with a reasonable opportunity to access the Personal Information about you that we retain, and, as appropriate, have it corrected or updated. All such requests must be received in writing. We will make the information available within a 30-day time frame, or provide written notice of extension, where additional time is required to fulfill the request.

    Please note that your right to access your Personal Information may be limited under applicable privacy laws, such as where disclosure would reveal the Personal Information of another party, and your ability to change or delete your Personal Information may be subject to contractual or legal requirements. In order to verify your identity, we may also request that you provide certain Personal Information to us to match against our records.

    Zekelman Industries will make good faith efforts to make requested changes in Zekelman Industries' records as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Zekelman Industries' databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable lawand (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

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  11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.
    1. Tracking Technologies Generally.

      Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

      Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, Zekelman Industries currently does not alter Zekelman Industries' practices when Zekelman Industries receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com, but Zekelman Industries is not responsible for the completeness or accuracy of this third-party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Zekelman Industries is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

    2. Analytics and Advertising Tracking Technologies.

      You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled "Tell our customers not to measure your use of their web sites or tailor their online ads for you."

      You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance of Canada's ("DAAC") self-regulatory program for online Interest-based Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.youradchoices.ca/choices/, and http://www.youradchoices.ca/appchoices for information on the DAA's opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks) or that you will not see regular display ads that are not targeted based on your browsing history. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAAC browser-based opt-out may not, or may no longer, be effective. Zekelman Industries supports the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expects that ad networks Zekelman Industries directly engages to serve you Interest-based Advertising will do so as well, though Zekelman Industries cannot guaranty their compliance. Zekelman Industries is not responsible for effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs.

    3. Communications.

      You can opt out of receiving certain promotional communications (emails or text messaging) from Zekelman Industries at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available, by changing your communication preferences by logging onto your account and (ii) for text messages, following the instructions provided in text messages from Zekelman Industries to text the word, "STOP." Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Zekelman Industries may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Zekelman Industries' ongoing business relations.

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  12. CHANGES TO THIS PRIVACY POLICY.

    We reserve the right to change this Privacy Policy, effective upon the posting of the revised Privacy Policy. Your subsequent use of our Service indicates your consent to the privacy policy posted at the time of use.

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  13. CONTACT ZEKELMAN INDUSTRIES.

    If you want to request access to the Personal Information that Zekelman Industries holds about you, or if you have any questions about this Privacy Policy or the manner in which your Personal Information has been collect, used or disclosed, please contact Zekelman Industries here or at 227 West Monroe Street, Suite 2600, Chicago, IL 60606 (Attention: Legal Department).

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