TERMS OF USE & PRIVACY STATEMENT

TERMS OF USE

Last Updated: February 16, 2024

These Terms of Use (the “Terms” or “Terms of Use”) describe the rules that apply to Cornerstone Building Brands, Inc.’s (together with each of our subsidiaries, brands and affiliates, “Cornerstone,” “we,” “our,” or “us”) websites, software applications, Customer Portals, and other electronic services (together, the “Service”), including all websites, webpages, applications, products, documentation and features offered by or through the Service. Please read these Terms carefully as they govern your use of the Service.

1. Acceptance. Your use of the Service is expressly conditioned on your acceptance without modification of these Terms. Any use of our Service that is inconsistent with these Terms is unauthorized. Your use of the Service, including your browsing of any webpages on the Service, constitutes your acceptance and agreement to be bound by these Terms. If you do not agree with our Terms, please, please do not use our Service. If you use the Service on behalf of a company, business, or other entity, then (i) the term “you” includes you and such company, business, or entity, and (ii) you represent and warrant that (a) you are authorized to bind such company, business, or entity to these Terms and (b) you agree to these Terms on such company’s, business’s, or entity’s behalf.

2. Changes. We may, in our sole discretion and for any reason, change, supplement, or amend these Terms without any notice or liability to you or any other person by posting revised Terms on the Service. Accordingly, we encourage you to review these Terms periodically. If you continue to use the Service after we change these Terms, then you accept all such changes.

From time to time, we may add to or change the functionality and features of the Service. We reserve the right to change, modify, suspend, or discontinue the Service, including any features or functionality, in whole or in part, without notice or liability to you. We do not guarantee the ongoing availability of the Service or any of its features or functionality.

3. Privacy Policy. Use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

4. Eligibility to Use the Service.
4.1 You may use the Service only if you have reached the age of majority where you live and can form a binding contract with us under applicable law.

4.2 You represent warrant that (i) your use of the Service is legal in, and does not violate any laws or regulations where you live or from where you access the Service, (ii) you possess the legal right and ability to enter into these Terms and to use the Service in accordance with these Terms, (iii) your use of the Service will be in accordance with these Terms, and (iv) your use of the Service will be in accordance with all applicable laws and regulations.

4.3 Your use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, or other technical data via the Service to export-prohibited parties or countries, (c) will not use the Service for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws, (d) will not access or use the Service from a country or region that is targeted for comprehensive trade sanctions by the United States government, and (e) will not transfer, upload, or post via the Service any software, technology, or other technical data in violation of United States or other applicable export or import laws.

4.4 In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we reserve the right to terminate, restrict or suspend your access to the Service, in whole or in part, at any time without notice. For example, and without limitation, we may terminate or suspend your access to the Service upon your non-compliance (or threatened non-compliance) with these Terms or if you violate (or threaten to violate) our rights or the rights of any other party.

5. Your Limited Right to Use the Service and Its Content
5.1 Ownership. All of the following are the exclusive property of Cornerstone and/or our various subsidiaries, affiliates, brands, or licensors and are protected under applicable copyright, trademark, and other proprietary rights laws: the Service and all information, images, photos, graphics, sounds, music, videos, interactive features, data, text, scripts, files, links, software (including the software that powers the Service), messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, trademarks, trade names, service marks, logos, and other matters related to, or located or contained within, the Service (collectively the “Content”). All words and symbols designated by ® or ™ and used on or in connection with the Content (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Cornerstone or other owners that have granted us the right and license to use such Marks. For clarity, there may be instances where trademark or copyright symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks.

5.2 Limited Right to Use the Service and Its Content. In exchange for your agreement to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Content solely for your internal business purposes. Other than as specifically provided in these Terms, you may not use, copy, download, reproduce, republish, distribute, transmit, broadcast, display, assign, license, sublicense, sell, alter, prepare derivative works of, or otherwise exploit the Content (in whole or in part) without our prior, express, and written permission. You do not have any ownership rights to the Service or any of its Content. All rights in and to the Content not expressly granted in this Section 5.2 remain in us and our licensors.

6. Your Use of the Service.
6.1 You agree to use the Service only for the purposes for which we provide the Service, and in accordance with these Terms. Without limiting the foregoing, you agree that you will not:
(a) Modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Service or make any unauthorized changes to or copies of the Service;

(b) Circumvent, disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with any (i) security-related features of the Service or (ii) features that prevent, restrict, or limit use or copying of any Content;

(c) Use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or Content available through the Service;

(d) Upload, post, email, or otherwise transmit any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(e) Frame, reproduce or copy the Service, or access or use the Service through an interface other than one we provide to you;

(f) Disclose any Content to any third party without our prior, express, and written consent, including moving or copying Content from a secure to a non-secure area of the Service;

(g) Falsify or delete any author attributions, legal, or other notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Service;

(h) Link to the Service from another without our prior, written permission;

(i) Use the Service in violation of any applicable law, regulation or code of conduct, any additional terms, or our Privacy Policy; in violation of the legal rights of another person; or in any manner which we deem in our sole discretion to be inappropriate or harmful.

6.2 User Submissions. If you submit any content or materials through the Service or if you provide us with any comments, ideas or feedback relating to the Service (collectively, “User Submissions”), you (i) grant us and our affiliates a non-exclusive, royalty-free, transferable, sublicensable, and worldwide license to use, store, display, post, reproduce, modify, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions in perpetuity in connection with our Service and our and our affiliates’ businesses (and our and our affiliates’ successors’ businesses), including for purposes of developing, operating, improving, re-designing, providing, re-distributing, using, promoting, and marketing all or part of the Services, in any and all media formats (now known or hereafter developed) and through any and all media channels (now known or hereafter developed), and (ii) represent and warrant that you have all necessary licenses, rights, consents, and permissions to grant us the foregoing license. Nothing in these Terms will restrict other legal rights that we may have to User Submissions, for example under other licenses. You agree that you will not receive any consideration or compensation in connection with your User Submissions.

7. Registration.
7.1 Process. Certain features and functionality of the Service require you to register with us by entering your email address, your personal name, contact information, a valid username and password, and providing other required registration information (collectively “Registration Information”). You represent and warrant that, at the time of submission to us, your Registration Information is true, accurate, current, and complete. You further agree to maintain and promptly update your Registration Information, as necessary or upon request. Upon completing the registration process with us, you may be provided with a Service account in our sole discretion (“Your Account”).

7.2 Restrictions and Limitations.
(a) We will have no liability associated with, or arising from, your failure to maintain accurate, current, and complete Registration Information, including liability arising out of your failure to receive information about the Service or Your Account. We will not be responsible for verifying your Registration Information. You may not (i) select or use as your Registration Information a name of another person with the intent to impersonate that person; (ii) use as your Registration Information a name subject to any rights of a person other than you without appropriate authorization; (iii) use as your Registration Information a username or screen name that disparages, in any manner, the Service, us, or our licensors or service providers; or (iv) create any user account by automated means or under false or fraudulent pretenses. We reserve the right, at our discretion, to (a) refuse acceptance of your Registration Information and (b) cancel or deactivate Your Account, including due to inactivity, and, at our election, delete all related information and files in, or relating to, Your Account, including any User Submissions.

(b) You will maintain the confidentiality and security of, and will carefully guard Your Account and Your Account-related information, and you will not provide Your Account or Your Account-related information to any other person or entity. We will not be liable for any unauthorized access or use of your Registration Information or Your Account. You are fully responsible for all use of, and activities that occur under, your Registration Information and Your Account and for any actions that take place through your registration or access to the Service (whether conducted by you or another). If you suspect that someone may have obtained access to Your Account or Your Account-related information, you must (i) contact us immediately and (ii) change Your Account password.

(c) We reserve the right to require you to change your Registration Information from time to time. Failure to comply with any portion of this Section 7 will constitute a breach of these Terms, which may result in immediate termination of Your Account.

7.3 Email Notifications. Subject to any applicable laws, we reserve the right to email you notifications that inform you of messages waiting for you on the Service. You agree that such notifications are an integral part of being a registered member of the Service, and you expressly consent to receiving these notifications.

8. Third Party Products. The Service may contain links to or display websites, services, products, offers, events, promotions, discounts, or activities provided or offered by or through third parties (collectively the “Third Party Products”). In addition, the Service may provide you with the ability to interact directly with third parties that offer, advocate, or make recommendations for Third Party Products. We are not responsible for, and disclaim any liability with respect to, Third Party Products and the content, accuracy, or opinions expressed in, or with respect to, Third Party Products.

9. Indemnity. You will indemnify, defend, and hold harmless us, our affiliates, and our and our affiliates’ owners, parents, partners, shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, agents, licensors, suppliers, agents, representatives, and attorneys from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of (i) your breach of, or failure to comply with, any of these Terms, (ii) any fraud, manipulation, deception, or misrepresentation by you, (iii) your access to, or use of, the Service and/or the Content, (iv) your User Submissions, (v) all use of, and activities that occur under, Your Account (whether conducted by you or another) and any actions that take place through your access to the Service and/or the Content, (vi) any violation of any law or regulation by you, and (vii) any dispute between you and another user of the Service (whether you and/or such other user is registered or unregistered). Neither we nor our affiliates or licensors have any duty to reimburse, defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, these Terms, the Service, or the Content or your use of, or access to, the Service or the Content.

10. Disclaimers and Limitations of Liability. READ THE FOLLOWING CAREFULLY
10.1 Liability Disclaimer. Except as expressly provided in these Terms and Conditions as amended from time to time, we make no representations or warranties of any kind, express or implied, regarding the Service and/or Content, User Submissions, products or services provided on the Service, all of which are provided on an “as is” and “as available” basis. We do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Service, or any of the content or data found on the Service, and expressly disclaim all warranties and conditions in respect of the Service, Content, User Submissions, data, and any products or services offered for sale on the Service, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

We are not responsible for unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

We assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Service or your downloading of any materials, data, text, images, video, audio, or other Content from the Service.

10.2 Maximum Liability. Cornerstone’s entire liability and your exclusive remedy with respect to any dispute with us (including without limitation your use of the Service or receipt of any communications is to discontinue your use of the Service.
In no event will Cornerstone be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, equity, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Service, Content, User Submissions, the operation of the Service or any failure or delay in the operation of the Service, or any of the products or services offered on the Service, even if advised of the possibility of damages.

10.3 Risk of Use. Your access to, and use of, the Service, the Content, and any User Submissions are at your risk, including your assumption of all risks that the Service, the Content, and User Submissions will be uninterrupted, timely, secure, and error-free. If you are dissatisfied with the Service, the Content, or User Submissions, your sole and exclusive remedy is to discontinue accessing and using the Service. In no event will Cornerstone or any of our affiliates or licensors be liable for any loss or corruption of data, and neither we nor any of our affiliates or licensors have any responsibility or liability for the deletion or failure to store any information, data, User Submission, communications, or other content maintained or transmitted by or through the Service.

11. Dispute Resolution. The following terms shall govern all disputes arising out of or relating to the Service, these Terms, and/or our Privacy Policy (collectively, “Disputes”):
11.1 Class Action Waiver. You agree that, to the fullest extent permitted by applicable law, any and all Disputes will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.

11.2 Time Limitation. You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

11.3 Venue. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for Wake County, North Carolina, USA for all Disputes.

12. General.
12.1 Notices. Except as otherwise provided in these Terms (including with respect to modifications to these Terms or modifications to the Service), we may (but are not obligated to) deliver notices to you via electronic mail or postal mail at any email or postal address associated with you in our databases.

12.2 Governing Law. These Terms shall be governed by, and enforced in accordance with, the laws of the State of North Carolina, including its statute of limitations, and without regard to any conflicts of law provisions that might apply the laws of another jurisdiction.

12.3 Entire Agreement. These Terms (including the Privacy Policy) constitute the complete, final, and exclusive understanding between you and us relating to your use of the Service, the Content, and the User Submissions, superseding all prior or contemporaneous understandings, agreements, and/or communications with respect to such subject matter. There are no representations, warranties or other agreements between us in connection with the subject matter of these Terms, except as specifically set out in these Terms. No party has been induced to enter into these Terms in reliance on, and there will be no liability assessed in tort, contract or otherwise, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms.

12.4 Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws, such provision will be fully severable, and these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of these Terms; and the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of these Terms a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. Our waiver of a breach of any provision of these Terms by you will not operate or be construed as a waiver by us of any subsequent breach by you.

12.5 No Amendments by you. You may not amend these Terms without our prior, express, and written consent.

12.6 Assignment. We may assign our rights and delegate our duties and obligations under these Terms to any party at any time without notice to you. These Terms are not assignable, transferable, or sub-licensable by you without our prior, express, and written consent.

12.7 Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

12.8 Interpretation. In the interpretation of these Terms, except where the context otherwise requires: (i) “including” or “include” does not denote or imply any limitation, (ii) “or” has the inclusive meaning “and/or,” (iii) “and/or” means “or” and is used for emphasis only, (iv) “$” refers to United States dollars, (v) the singular includes the plural, and vice versa, and each gender includes each other gender, (vi) captions or headings are only for reference and are not to be considered in interpreting these Terms, (vii) “Section” refers to a section of these Terms, unless otherwise stated in these Terms, and (viii) to the extent any provision of these Terms limits our liability or disclaims any responsibility or obligation with respect to us, then such limitation or disclaimer shall also apply to, and provide protection to, our licensors, subsidiaries, brands, and affiliates, each of which is an intended third-party beneficiary of these Terms (including the Privacy Policy) and shall have the right to enforce these Terms (including such limitations and disclaimers and including the Privacy Policy), in whole or in part in such third-party beneficiary’s discretion, as if a party to these Terms and/or the Privacy Policy.

12.9 Survival. Sections 3, 6.2, and 9 through 12 will survive termination of these Terms and/or your right to access or use the Service, the Content, and the User Submissions.

13. Contact Information. If you have any questions regarding these Terms, you may contact us by email at [email protected].

 

PRIVACY POLICY

Last Updated: February 16, 2024

This Privacy Policy describes how Cornerstone Building Brands, Inc. (“Cornerstone,” “we,” “our,” or “us”) collects, uses, and discloses personal information about individuals who use our websites, customer portals or other online services, who download and use our mobile applications, or who otherwise interact with us online or offline (collectively, our “Services”). Additional policies may apply in other contexts and to other relationships you may have with us. For example, we have a separate Privacy Notice for job applicants, which is available here.

By using our Services or otherwise providing personal information to us, you agree to our Terms of Use and our privacy practices as described in this Policy.

 

Contents

 

Personal Information We Collect and Why We Collect It

“Personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information does not include information that is publicly available as defined by applicable privacy legislation or is anonymized.

Generally, we collect the following categories of personal information, which we use for the business or commercial purposes shown.

Categories of Personal Information Purposes for Collection
Identifiers and Personal Records, including real name, alias, postal address, telephone number, email address, unique personal identifier, online identifier, signature, IP address, account name, or other similar identifiers; employment, employment history, bank account number, credit card number, debit card number, or other financial information

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Internet or other electronic network activity information, including browsing history, search history, and information regarding your interactions with our websites, applications, or advertisements

Audiovisual information

Professional or employment-related information

 To process your transactions or otherwise provide our Services to you

To communicate with you

To respond to your inquiries and provide customer service

To facilitate and personalize your user experience

To prevent fraud and for security purposes

To deliver promotional or advertising content to you

To better understand how users access and use our Services, to improve the Services, to respond to user desires and preferences, auditing, and for other research and analysis

To comply with applicable laws and regulations
Geolocation data inferred from your IP address To process your transactions or otherwise provide our Services to you

To better understand how users access and use our Services, to improve the Services, to respond to user desires and preferences, auditing, and for other research and analysis
Inferences about your preferences and interactions with our Services To better understand how users access and use our Services, to improve the Services, to respond to user desires and preferences, auditing, and for other research and analysis
Characteristics of Protected Classifications under Federal or state law, including military or veteran status To provide military or veteran discounts
“Sensitive Personal Information” as defined under relevant US state privacy law, which may include:

Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account

 To process your transactions or otherwise provide our Services to you

To prevent fraud and for security purposes

 

In addition to the purposes described above, we may use and disclose any category of personal information or sensitive personal information we collect to respond to law enforcement requests, or as otherwise required or authorized by applicable law, court order, or governmental regulations; to protect our rights and interests and those of others; to resolve any disputes; to enforce our policies; and to evaluate or conduct a merger, sale, or other acquisition of some or all of our assets. We also reserve the right to use personal information we collect for any other purpose identified in an applicable privacy notice, click-through agreement, or other agreement between you and us, or otherwise with your consent.

Sources from Which We Collect Personal Information

Generally, we collect the categories of personal information described above from the following categories of sources:

  • Directly from you
  • From our affiliate organizations
  • Automatically when you use our Services
  • Other companies we do business with, which may include your employer
  • Service providers that help us to run our business
  • Advertising networks
  • Social networks
  • Internet service providers
  • Data analytics providers
  • Third-party data suppliers
  • Other third parties, including your personal contacts or customers
  • Derived from other information we collect or otherwise created by us

Retention of Personal Information

We keep the categories of personal information described above for as long as necessary or permitted for the purposes described in this Privacy Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

  • Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
  • Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
  • The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
  • We are otherwise required or permitted to keep your personal information by applicable laws or regulations.

Where information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.

How We Disclose Personal Information

We disclose personal information to our brands, subsidiaries, affiliate organizations, service providers and contractors for business purposes as follows:

  • To process your transactions or requests for products or services
  • To perform services (including processing, maintaining, or collecting personal information) on our behalf (e.g., fulfilling orders, processing payments, supporting our promotions, providing communications, technical, analytical, web hosting, cloud hosting and application support, or other services on our behalf)
  • Auditing related to ad impressions
  • To ensure security and integrity of personal information
  • To debug or identify and repair errors that impair existing intended functionality
  • For short-term, transient use, including, but not limited to, non-personalized advertising
  • To provide advertising and marketing services
  • To undertake activities to verify or maintain the quality or safety of our Services
  • To comply with applicable laws and regulations
  • To detect or protect against malicious, deceptive, fraudulent, or illegal activity

Cookies and Other Tracking Technologies

We use cookies and other tracking technologies (such as web beacons) to collect and store information about your interactions with our websites, including information about your browsing behavior. Our websites also support third-party cookies placed by our service providers and third parties, such as advertising partners. This means that our service providers and advertising partners can collect and use information regarding your interactions with our websites as further detailed below.

Cookies are small files that a website transfers to your device through a web browser that enable the website’s or a third party’s systems to recognize your device and capture and remember certain information. Web beacons (also known as tracking pixels) are tiny graphics embedded invisibly on a webpage or in an email that may be used to deliver or communicate with cookies, to count users who have visited certain pages, and to understand usage patterns. In general, we use cookies and other tracking technologies as follows:

  • Where necessary to run our websites
  • To optimize the functionality of our websites
  • For analytics purposes
  • For purposes of ad targeting and marketing
  • To determine if our email messages have been opened and acted upon

Cookies vary in how long they last. “Session cookies” terminate shortly after you terminate your internet session. “Persistent cookies” are stored on your device until a set expiration date. We use both session cookies and persistent cookies on our websites.

If you do not want to have cookies placed on your device, you should set your browser to refuse cookies before accessing our websites. Please review your browser’s Help menu for instructions, or visit https://cookiepedia.co.uk/ for more information about cookies. Additional options for opting out of interest-based advertising can be found here.

Analytics. We use analytics tools including Google Analytics to analyze how you interact with our websites. This software may collect information such as your IP address, location, operating system, access time, duration of visit, and actions you take on our websites. Google Analytics is owned and controlled by Google LLC. Data collected by Google is subject to its privacy policy. You may opt-out of having your website activity made available to Google Analytics by installing the Google Analytics browser add-on, available here.

Session Monitoring. Some of the technologies used on our Services allow us and our service providers to monitor and analyze how visitors use our Services in order to better understand user behavior and improve our Services. When you interact with us online, information related to your browsing behavior may be collected by us and our service providers. FullStory is one of the vendors we may use for session monitoring. For more information regarding FullStory’s collection and use of information, please visit FullStory’s privacy policy .

Do Not Track Signals. Our websites do not respond to “Do Not Track” signals sent by browsers, mobile devices, or other mechanisms.

Targeted Advertising, Sales, and Sharing of Personal Information

Although we do not sell personal information in exchange for money, some of the ways in which we share personal information for targeted advertising may be considered “sales” or “sharing” under US state privacy laws. Listed below are the categories of personal information we share for purposes of targeted/cross-context behavioral advertising or otherwise “sell” for non-monetary consideration:

  • Identifiers
  • Personal records
  • Commercial information
  • Internet or other electronic network activity information
  • Geolocation data
  • Inferences

The types of third parties to which personal information is sold or shared are third-party advertisers, partner businesses, and some analytics vendors. The purposes for which we sell/share this information include: showing you relevant ads while you browse the internet or use social media; marketing and advertising our or our partner businesses’ products and services; certain types of analytics; or similar purposes. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age. If you would like to opt out, please see the information below for your state of residence.

Our uses of your personal information are not sales under Nevada law.  If you have any questions or if you would like to receive notice by email in the event we should engage in “sales” of personal information under Nevada law in the future, please contact us using the contact information provided below.

A Note About Our Online Chat Features

Some of our online Services include chat features to assist with answering questions and providing information about our products. When you participate in an interactive chat, either with a virtual or live agent, the contents of the chat may be captured and kept as a transcript. By using a chat feature, you understand that our vendors may process the information obtained through the chat feature in order to provide services on our behalf.

California Privacy Rights

  • This section supplements the other parts of our Privacy Policy and provides disclosures for California residents under the California Consumer Privacy Act (the “CCPA”). Please note that the disclosures below are not intended to apply to employees or job applicants. If you are a California employee, please see our employee privacy notice for more information. If you are a California job applicant, you can find applicable disclosures here.

How to Submit a Request Relating to Your Personal Information. If you are a resident of California, you have the right to submit certain requests relating to your personal information as described below. To exercise any of these rights, please submit a request through our webform or call us at 1-866-526-0152. Please note that if you submit a request to know, request to delete, or request to correct, you will be asked to provide 2-3 pieces of personal information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.

Right to Know. You have the right to know what personal information we have collected about you, which includes:

  • The categories of personal information we have collected about you, including
  • The categories of sources from which the personal information was collected
  • Our business or commercial purposes for collecting, selling, or sharing personal information
  • The categories of recipients to which we disclose personal information
  • The categories of personal information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information
  • The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information
  • The specific pieces of personal information we have collected about you.

Right to Delete Your Personal Information. You have the right to request that we delete personal information we collected from you, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.

Right to Correct Inaccurate Information. If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your personal information, and to request that we do not share your personal information for cross-context behavioral advertising. To opt-out, please click here [link to cookie tool/sale opt-out mechanism]. If you choose to use a browser-based opt-out signal, such as the Global Privacy Control (GPC), you will be opted out of cookie-based sales and sharing of personal information, and will need to turn it on for each browser you use. To submit a request to opt out of offline sales and sharing, please use our webform.

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

Notice of Financial Incentive. Our rewards programs, including the Cornerstone Building Brands Rewards, Ply Gem Rewards and Simonton ProNetwork, provide benefits such as rewards points and special offers to participating businesses that purchase our products. Participation requires you to provide some personal information, such as Identifiers, Professional or Employment-Related Information, and Commercial Information. We may also offer military or veteran discounts from time to time. The incentives associated with our rewards programs are designed to reward loyal customers based on the volume of products and services they purchase from us. For the full terms and conditions applicable to our rewards programs, please see the applicable terms available through the websites linked above.

We have made a good faith estimate that the value of California residents’ personal information provided in connection with our rewards programs is equivalent to the relevant expenses related to the collection and retention of that personal information. Any difference in price or benefits provided to customers who participate in our rewards programs is reasonably related to the value of the personal information provided. By joining one of our rewards programs, you consent to any financial incentive associated with that program. You have the right to withdraw from the financial incentive at any time by cancelling your participation in the rewards program. You may cancel your rewards membership, by calling 866-526-0152.

Unless you specifically request, submission of a request to delete your personal information will not erase information required for you to continue to participate in our rewards programs. Should you wish to delete your personal information associated with a rewards program (and thereby cancel your participation in the program), please contact us at [email protected] or  866-526-0152.

California’s Shine the Light Law. California consumers have the right to request certain information regarding the types of personal information we shared with third parties for those third parties’ direct marketing purposes during the immediately preceding calendar year. An individual may make one request per year. To make such a request, please send an email to [email protected] or write to us at the mailing address shown in our Contact Information section, below.

Privacy Choices for US Consumers Outside of California

This section supplements the other parts of our Privacy Policy, and provides additional information for consumers in US States other than California. The rights described below are available to consumers who interact with us in an individual or household context.

If you are a resident of California, please review our California-specific disclosures, above.

Access and Data Portability. You may confirm whether we are processing your personal information, access your personal information, and obtain a copy of personal information you provided to us in a portable format.

Correction. You may request that we correct inaccuracies in your personal information, taking into account the nature of the personal information and our purposes for processing it.

Deletion. You may request that we delete your personal information, subject to exceptions.

Right to Opt Out. Under applicable state privacy laws, you may have the right to opt out of the following uses of your personal information: (a) targeted advertising; (b) the sale of personal information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not sell personal information in exchange for money or engage in practices that qualify as profiling producing legal or similarly significant effects under applicable state privacy law. To opt out of targeted advertising / non-monetary “sales” of personal information, please click here.  If you choose to use a browser-based opt-out signal, such as the Global Privacy Control (GPC), you will [be opted out of cookie-based sales and sharing of personal information, and will need to turn it on for each browser you use. To opt out of offline “sales” of personal information, or if you are an authorized agent submitting an opt-out request on behalf of a consumer where allowed by state law, please use the webform listed below. We use commercially reasonable efforts to authenticate the identity of the consumer to whom a request relates and the authorized agent’s authority to act on the consumer’s behalf.

How to Appeal a Decision on a Privacy Request. Sometimes we are unable to process requests relating to your personal information, in which case, your request will be denied. If we previously denied your privacy rights request and you believe we denied it in error, you may appeal for reconsideration of your request using our webform or by contacting us at 866-526-0152

  • Submitting Requests Relating to Your Personal Information. To make a request relating to your personal information, please use our webform or call us at 866-526-0152. Please note that we may need to authenticate your identity before your request can be processed. For authentication, you will be asked to provide 2-3 pieces of personal information that we will match against our records to verify your identity.

Users Outside the United States

If you are using our Services from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions, and may be accessed by the courts, law enforcement and national security authorities in those jurisdictions. By using our Service, you acknowledge and consent to the international transfer and processing of your personal information as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country of residence.

Privacy Rights for Residents of Canada

If you would like to submit a request to access, correct, erase or obtain a copy of personal information we maintain about you, or if you would like to receive written information about our policies and practices regarding service providers outside of Canada, please  email us [email protected]. We may require specific information from you to help us verify your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to any legal restrictions on disclosing this information.

Security

We take commercially reasonable measures to protect information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and no security measures can guarantee absolute protection. Accordingly, we cannot guarantee the security of your information collected through the Service.

Email Communications

You can opt out of/withdraw your consent to receiving marketing emails from us at any time by clicking the unsubscribe link found in the emails. Please note that your opt-out is limited to the email address used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscriptions may continue. Even if you opt out of receiving promotional communications, Cornerstone may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Cornerstone’s ongoing business relations with you.

Services Not for Children

Our Services are not intended for children, and we do not knowingly collect personal information from anyone under the age of majority in their jurisdiction. If we become aware that we have collected personal information from a child, we will delete it in accordance with applicable law.

Revisions

This Privacy Policy is subject to change at our discretion. We will indicate changes, including material changes, to the Privacy Policy by updating the “Last Updated” date at the top of this page. Your continued use of the Services after any update to this Privacy Policy will constitute your acceptance of the changes.

Contact Information

If you have questions about our privacy practices, this Policy, or if you need to access this Policy in an alternative format due to a disability, please contact our privacy compliance team at:

Mail:    Cornerstone Building Brands, Inc.

5020 Weston Parkway

Cary, NC 27513

Email: [email protected]