Privacy Policy

At Emser Tile we take the security of your personal data very seriously. When you access or use the various websites, mobile application(s), and other digital platforms (together the "Digital Platforms") owned, operated, licensed or controlled by Emser Tile, its subsidiaries, affiliates, or joint ventures, ("Emser", "we," "us," "our," or the "Company") we know you trust us with your information. Protecting your Personal Identifiable Information “PII” - the information that identifies you as an individual - is important to you, so it is important to us. We are committed to your privacy. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. The Privacy Policy also explains your rights with respect to your personal information. And it contains information on how to prevent your personal information from being collected or shared by us when you use our Digital Platforms. The Policy applies to all users of the Digital Platforms anywhere in the world.

This Privacy Policy applies to the website www.Emser.com ("Emser Tile®"), and to any other Emser Tile domestic or international-owned websites that may be accessed through it.

1. Definitions
   "Disclose" means to release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity. "Member" means an individual who has registered with the website. "Minor" means any individual under 18 years of age, or as defined under the laws of their jurisdiction or residence. "Personally Identifiable Information" or "PII" means any recorded information about specific individual whose identity may be inferred from the information. This information includes, for example, name, email and mailing address, phone number, account and billing information, and other information provided by a visitor to our website or incidental to providing products and services to you. "Website" means www.Emser.com, as well as its web pages, and any domestic or international-owned or managed website of Emser Tile that may be accessed through it.
2. Consent
   By submitting PII to us directly, through our website, mobile application(s), and / or by visiting www.Emser.com, you agree that we may collect, use and Disclose such PII in accordance with this Privacy Policy and as permitted or required by law. If you do not agree with these terms, do not provide any PII to Emser Tile. If you choose to refuse or withdraw your consent, we may not be able to provide you with products and services normally offered by Emser Tile.

Emser Tile does not sell or market products to Minors. Minors are not eligible to register with, use or purchase services via www.Emser.com. We do not knowingly collect PII from any Minor and will not deliberately use such information. If you are under 18, you may use www.Emser.com only with the involvement of a parent or guardian. If you provide PII regarding any third party, you must obtain consent prior to your disclosure of this information. By providing PII of any third party, you represent that you have all necessary authority and / or have obtained all necessary consents from such person to allow our collection of PII as set forth in this Privacy Policy.

III. What Personally Identifiable Information We May Collect
Emser Tile only collects PII that you voluntarily provide to us, or that is incidental to your use of our products and services. The information we learn helps us personalize and continually improve your experience with Emser Tile and assists us in providing for your product and service needs. Here are the types of information we gather:

• Information You Give Us: We receive and store any information you enter on our website or give us in any other way. We use the information that you provide for such purposes as responding to your requests, improving our website and communicating with you. Such information may include service and purchase information, Membership and billing information, information provided to Customer Relations and other volunteered information. You can choose not to provide such information; however, this may limit some of our products and services.
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses the website. Such information may include login information, browsing history, preferences and other personalization information. We also collect cookie files to gather and analyze statistical information as well as to ensure security and to fight spam. More detailed information on the terms of use can be found in our Cookies Policy. You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of the Website nor will you be able to access the paid areas if cookies are disabled. Further information about cookies is provided at the end of this Privacy Policy.
• E-mail Communications: Emser Tile may retain copies of our email correspondence or may track if you have received and opened correspondence. We also compare our customer lists in an effort to avoid duplicative marketing efforts.
• Information from Other Sources: We might receive information about you from other sources and add it to our account information. Such information may include when you visit sites on which we advertise, information collected on sites that we host for third parties and other content served by or on behalf of Emser Tile on other websites.
• Incidental Information: Emser Tile may collect information incidental to your visit of the website, mobile applications or purchase of products or services. Such information may include when you have visited the website or when you registered as a Member.
• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as customer number, unique pseudonym, or user alias), email address, account name, Social Security number, driver’s license number, and other similar identifiers, physical characteristics or description, state identification card number, and signature
• Identifiers (Online): a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; other forms of persistent or probabilistic identifiers, and Internet Protocol address
• Other Financial, bank account number, credit card number, debit card number, insurance policy number, and other financial information, medical information, and health insurance information
• Commercial Information: including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
• Biometrics: biometric information
• Internet and Other Electronic Network Activity Information: including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
• Geolocation Data
• Sensory Information: Audio, electronic, visual, thermal, and similar information
• Professional or Employment-Related Information
• Profile Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

1. How We Use Personally Identifiable Information
   Emser Tile will only use your PII for the purposes it was collected for or closely related, which may include responding to and processing your requests for Emser Tile products and services.

• Delivering products and performing services you have purchased from or contracted for with us, including maintaining or servicing accounts (e.g., your Emser Tile account), as well as providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
• Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
• Detecting and responding to security incidents, protecting against and responding to malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
• Debugging to identify and repair errors that impair existing intended functionality
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
• Customizing your experience on our digital properties
• Processing return claims
• Complying with and enforcing applicable legal requirements, relevant industry standards and our policies

We do not sell the personal information of consumers under the age of 16 if we have actual knowledge of the individual’s age.

We do not sell personal information as the term is traditionally understood, versus the definition under the CCPA — for example, we do not exchange for money personal information to data brokers or third parties for their marketing purposes independent of us.

We may have disclosed for a business purpose the following categories of personal information about you

• Identifiers
• Identifiers (Online)
• Other Financial Information
• Information Related to Characteristics Protected Under California or Federal Law
• Commercial Information
• Internet and Other Electronic Network Activity Information
• Sensory Information
• Professional or Employment-Related Information
• Profile Inferences

1. To Whom We Disclose Personally Identifiable Information
   Information about our customers is an important part of our business, and we are not in the business of selling it to others. Emser Tile will only share your PII with our authorized service providers that perform services or functions on our behalf, as required by law, or as described below.

From time to time, we may Disclose PII as follows:

• To those construction materials product distributors and service providers with which you have or may make arrangements through via our website. For example, wholesalers, retailers, and contractors.
• To organizations that provide services for or on behalf of Emser Tile. Examples include fulfilling orders, delivering packages and brochures, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. These parties have access to the PII needed to perform their functions.
• Emser Tile may collaborate with other companies via software and systems to offer additional products and services, and may share PII to marketers of products and services which you have authorized. This Policy does not cover the use of your PII by these other companies. We encourage you to read a company's privacy policy before requesting any of its products or services.
• To protect our website and our rights under our Terms and Conditions of Use; to protect ourselves against liability or prevent fraudulent activity; or where it is necessary to permit us to pursue available remedies or limit any damages that we may sustain.
• To effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business.
• Where the information is public.
• To our insurers and to regulatory agencies.

1. How we retain Personally Identifiable Information
   If you are a Member of www.Emser.com, we store your PII in the account overview of each user's profile. We will retain your PII in our databases in accordance with our records management policy and applicable laws. While this information may be periodically purged, the retention period may extend beyond the end of your relationship with us. We may also need to retain certain information to prevent fraudulent activity; to protect ourselves against liability, permit us to pursue available remedies or limit any damages that we may sustain; or if we believe in good faith that a law, regulation, rule or guideline requires it. Your PII will be stored in secured locations and on servers controlled by Emser Tile, located either at our offices or at the offices of service providers.

VII. How You Can Control the Use of Your Information
As discussed above, you can always choose not to provide PII. Guest browsing is available on the www.Emser.com website, even though PII might be needed to make a purchase or to take advantage of certain Emser Tile products and services. Emser Tile provides you with choice and control over the collection and use of your PII, as well as a means of updating, correcting, or removing any PII stored in your customer profile.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.

Emser Tile provides you with the opportunity to specifically choose the promotional marketing communications you wish to receive from Emser Tile. For emailed newsletters and promotional messages, you may send an e-mail to privacy@emser.com that includes your full name, street address and e-mail address, and specify that you don't want to continue receiving either postal mail, email, or both. If you choose not to receive any of the promotional marketing services that Emser Tile provides, then Emser Tile will not send them to you. You may also request a copy of your PII by sending an email to the above-mentioned email address.

VIII. How We Protect Your Information
To protect the confidentiality of your PII, Emser Tile employs physical, administrative, and technical safeguards to help protect the confidentiality and integrity of the information and to reduce the risk of loss, misuse, unauthorized access disclosure or modification of PII.

1. Changes to the Privacy Policy
   By providing you with this Privacy Statement, Emser Tile is pledging our continued commitment to protecting the information you provide us. Emser Tile regularly examines our information privacy practices to determine whether we are adhering to the disclosures about the collection, use, sharing, and protection of your PII made in this privacy statement. We may change or supplement this Privacy Policy from time to time. We may also undergo a change of ownership. Privacy Policy changes will apply to the information collected from the date we post the revised Privacy Policy to the website, as well as to existing information held by us. If we decide to change this policy in a material way, we will obtain the necessary consents required under applicable privacy laws if we seek to collect, use or disclose PII for purposes materially different than those to which consent has been obtained, unless otherwise required or permitted by law. If any proposed change is unacceptable to you, you may request that we remove your PII from our records, as described above.
2. Disputes
   Emser Tile shares your concerns over privacy disputes. Your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including any limitations on damages, resolution of disputes, and application of the law of the state of California. If you have questions or concerns regarding Emser Tile privacy practices, you should first contact Customer Relations at Emser Tile. Emser Tile will investigate and attempt to resolve complaints regarding violations of its published Privacy Policy directly with the complainant. In the event that the complaint cannot be resolved internally, the complainant shall submit the matter to binding arbitration before the American Arbitration Association in Los Angeles, California.
3. Contact Information
   If you have any questions or concerns about (a) access to PII, (b) the collection, use, management or disclosure of PII, (c) this policy or our information handling practices, (d) with whom your PII is shared, or if you need further assistance with respect to our Privacy Policy, you may contact our Customer Relations department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them. E-mail: privacy@emser.com

XII. Your California Privacy Rights
Under California Law, California residents have the right to request in writing from a business, (a) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including Independent Affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us by contacting our Customer Care department via E-mail: privacy@emser.com

• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you we have collected during the past 12 months. This may include:
  • The categories and specific pieces of personal information we have collected about you
  • The categories of sources from which we collected the personal information
  • The business or commercial purpose for which we collected or sold the personal information
  • The categories of third parties with whom we shared the personal information
  • The categories of personal information about you that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose
• Deletion: You have the right to request that we delete certain personal information we have collected from you. Exceptions apply.
• Opt-Out of Sale: You have the right to opt-out of the sale of your personal information.
• Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

We will respond to such written requests within 30 days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are only required to respond to each customer once per calendar year.

Verifying Requests
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign into your account. If you request access to or deletion of your personal information and do not sign into an account with us, we require you to provide the following information: name, email address, phone number, and postal address. In addition, if you do not have an account and you ask us to provide you with specific pieces of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (1) we may require you to provide the authorized agent written permission to do so, and (2) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

Additional Information
If you choose to exercise any of your rights under the CCPA, you have the right not to receive, and will not receive, discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. Employees and contractors are provided notice via different statements.

This Statement is available in alternative formats upon request. Please contact privacy@emser.com or 1-323-498-7045 to request this Statement in an alternative format.

Your California Privacy Rights & California Consumer Privacy Act Statement

If you are a California resident, the information below may apply to you in addition to our Privacy Policy. This Statement uses certain terms that have the meanings given to them by the California Consumer Privacy Act.

Collection and Disclosure.

During the 12-month period prior to the effective date of this Addendum, we may have:

1. Collected the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as customer number, unique pseudonym, or user alias), email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers, physical characteristics or description, state identification card number, and signature
• Identifiers (Online): a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; other forms of persistent or probabilistic identifiers, and Internet Protocol address
• Other Financial, Medical, and Health Information: bank account number, credit card number, debit card number, insurance policy number, and other financial information, medical information, and health insurance information
• Information Related to Characteristics Protected Under California or Federal Law: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status
• Commercial Information: including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
• Biometrics: biometric information
• Internet and Other Electronic Network Activity Information: including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
• Geolocation Data
• Sensory Information: Audio, electronic, visual, thermal, and similar information
• Professional or Employment-Related Information
• Education Information
• Profile Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

1. Collected personal information about you for the following business or commercial purposes:

• Performing services you have purchased from or contracted for with us, including maintaining or servicing accounts (e.g., your Emser Tile account), as well as providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
• Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
• Detecting and responding to security incidents, protecting against and responding to malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
• Debugging to identify and repair errors that impair existing intended functionality
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
• Customizing your experience on our digital properties
• Processing liability claims
• Complying with and enforcing applicable legal requirements, relevant industry standards and our policies

1. Shared your personal information with the following categories of third parties:

• Our affiliates
• Our joint marketing partners
• Our business partners
• Social media networks
• Third-party marketing partners
• Government entities, including law enforcement

1. Sold (as defined under California law) the following categories of personal information:

• Identifiers (online) associated with a device used to interact with our digital properties or advertisements (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology)
• Internet and other electronic network activity information associated with a device used to interact with Digital Properties or advertisements

We do not sell the personal information of consumers under the age of 16 if we have actual knowledge of the individual’s age.

We do not sell personal information as the term is traditionally understood, versus the definition under the CCPA — for example, we do not exchange for money personal information to data brokers or third parties for their marketing purposes independent of us.

1. Disclosed for a business purpose the following categories of personal information about you:

• Identifiers
• Identifiers (Online)
• Other Financial, Medical and Health Information
• Information Related to Characteristics Protected Under California or Federal Law
• Commercial Information
• Biometrics
• Internet and Other Electronic Network Activity Information
• Geolocation Data
• Sensory Information
• Professional or Employment-Related Information
• Education Information
• Profile Inferences

California Consumer Privacy Rights.

You have certain choices regarding our use and disclosure of your personal information, as described below.

• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you we have collected during the past 12 months. This may include:
  • The categories and specific pieces of personal information we have collected about you
  • The categories of sources from which we collected the personal information
  • The business or commercial purpose for which we collected or sold the personal information
  • The categories of third parties with whom we shared the personal information
  • The categories of personal information about you that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose
• Deletion: You have the right to request that we delete certain personal information we have collected from you. Exceptions apply.
• Opt-Out of Sale: You have the right to opt-out of the sale of your personal information.
• Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

How to Submit a Request.

• Submit an Access Request, or call us at 1-323-498-7045
• Submit a Deletion Request, or call us at 1-323-498-7045
• To submit a Shine the Light Request, email us at Privacy@Emser.Com

Verifying Requests.

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign in to your account. If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address. In addition, if you do not have an account and you ask us to provide you with specific pieces of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (1) we may require you to provide the authorized agent written permission to do so, and (2) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

Additional Information.

If you choose to exercise any of your rights under the CCPA, you have the right not to receive, and will not receive, discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. Employees and contractors are provided notice via different statements.

This Statement is available in alternative formats upon request. Please contact us at:

• 1-323-498-7045
• Privacy@Emser.Com