PRIVACY POLICY
THE GIBRALTAR COMPANY LLC

Last updated: 2/5/21

 

We at The Gibraltar Company LLC are committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have requests concerning your personal information or any questions, please contact us at [email protected]

 

If you have objections to the Privacy Policy, you should immediately discontinue use of the Web site and Services offered by us.

 

Definitions

 

References to the “App” mean the mobile software application developed, owned, and operated by us bearing the name “The Gibraltar Company” and available for download on the iTunes and Google Play stores.

 

References to the “Services” mean, collectively, the Web site, App, and those water remediation services provided by Contractors via the same.

References to “us,” “we,” “our,” and/or “The Gibraltar Company,” mean The Gibraltar Company LLC, a Georgia limited liability company, including any and all trade names utilized thereby.

 

References to the “Web site” mean, collectively, the Web site bearing the www.thegibco.com as well as any other site or social media page operated by us, including www.thegibraltarcompany.com.

 

References to “you,” and/or “User,” mean a general user of the Web site and/or user of our Services, whether as a Contractor or Homeowner as those terms are defined in our Terms of Service.

 

General

 

The following outlines the Privacy Policy but it is to your benefit to read the specific elements that follow below and are set forth in more detail in this Privacy Policy:

 

  1. Before or at the time of collecting personal information, The Gibraltar Company will identify the purposes for which information is being collected.
  2. The Gibraltar Company will collect and use personal information solely with the objective of fulfilling those purposes specified by The Gibraltar Company and for other compatible purposes, unless The Gibraltar Company obtains the consent of the individual concerned or as required by law.
  3. The Gibraltar Company will only retain personal information as long as necessary for the fulfillment of those purposes.
  4. The Gibraltar Company will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  5. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  6. The Gibraltar Company will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  7. The Gibraltar Company will make readily available to customers information about The Gibraltar Company’s policies and practices relating to the management of personal information.
  8. The Gibraltar Company is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

Agreement to be Bound

 

The following Privacy Policy governs the collection and use of private information via the Web site or through our Services. By accessing the Web site and/or utilizing our Services, you represent that you have read and understand the Privacy Policy and that you agree to be bound by thereby.

 

This Privacy Policy may be additionally subject to terms and conditions or other contracts entered in to between us and yourself.

 

Modifications and Changes to Privacy Policy

 

We may modify, add to, suspend, or delete the Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being effective thirty (30) calendar days following their posting to the Web and emailing a notice to registered Users. Your access of the Web site and/or use of our Services, after modification, addition or deletion of the Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

 

The Information We Collect

 

The Gibraltar Company does may collect information about its Users from third-party sources, such as vehicular public records and verification and background checks of public records.

 

We collect both personally identifiable information and non-personally identifiable information from you. Often, you choose what information to provide to us, but, sometimes, we may require certain information for you to use and for us to provide the Services. Specifically, we collect the following:

 

Registration, Purchase, and Provision of our Services. General use of the Web site does not require that you provide any information. However, in order to register you for our Services, and to provide the same, we collect your full name, home address, email, phone number, and username and password. For Users of our App, we also will collect GPS and/or location-tracking information, should you elect to provide it.

 

 

Use of the Marketplace as a Homeowner: In addition to providing personal information upon registration, should you wish to buy services via the Services, we will also collect from Homeowners: detailed description of property damage.   

 

Use of the Marketplace as a Contractor: In addition to providing personal information upon registration, should you wish to sell services via the Services, we will also collect from you: business name, business email, business address, EIN or SSN, as applicable, description of your background and work history, and any licenses. In addition, we conduct background checks of all Contractors, which will include our collection of information related to your criminal history, proof of licensing, and appearance on any sex offender registry.

 

Payment Information. Depending on the nature of payment for our Services selected by you, we may collect and pass on your personal financial information, such as bank account or credit and debit card number. We do not store payment information, but, instead, pass such information to our payment processor, Stripe, who may store the same in accordance with its own policies.

 

Automated Information. The Gibraltar Company uses web-based analytics to automatically receive and record information from each User’s browser or your mobile device when you visit the Web site or use the Services, such as your IP address in an anonymized fashion or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Web site and Services, data about the type of device you use to connect to our Web site and Services, and information about the pages you visit before and after the Web site or use our Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Web site and our Services secure, to analyze and understand how the Services work for our Users, and to provide advertising, including across your devices, and a more customized Web site experience for all Users.

 

We may also automatically collect device-specific information when you access or use our Web site or Services. This information may include information such as the hardware model, operating system information, browser information, IP address, human readable hardware name, and device identifiers. This information is necessary to identify you and to determine the hardware requirements of The Gibraltar Company’s users.

 

The above information is collected and stored within Google’s systems and is set to “not expire.” If you want to prevent your data from being used by Google Analytics, go to: https://tools.google.com/dlpage/gaoptout.

Finally, we may also collect general demographic information via Google Analytics, such as your gender, age, income, or occupation. Such information is anonymized and used to better improve your customer experience.

 

Use of Your Information

 

We may use your personally identifiable information to process transactions; to track our Users for general analytics, should they enable location sharing; to provide and improve customer service administration; to provide histories of your usage of the Services; to respond to inquiries; to send company news, updates and other related information; to facilitate registration for and use of our Services; to administer contests, promotions, surveys, or other features; to provide current information about the marketplace to Users; to personalize your User experience; and to ensure legal compliance.

 

We may use your non-personally identifiable information to create traffic statistics for our Web site and Services; to improve customer service; and to personalize your User experience.

 

Your Rights & Preferences

 

The Gibraltar Company gives you the choice of providing, editing, or removing certain information, as well as choices about how we contact you. Note that you may not be able to access all functionality of the Services should you choose to decline to provide some personal information. For example, we cannot process a payment should you decline to provide payment information.

 

You may change or correct your The Gibraltar Company information by emailing us at [email protected]

 

You can also request the deletion of the personal information by emailing us at [email protected]

 

Furthermore, should you not wish for us to reach decisions affecting you using automated profiling or processing, you may decline such participation by emailing us at [email protected]

 

Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability if we are processing your data for reasons of consent or to fulfill a contract (including the right to obtain a copy of your personal data you provided to The Gibraltar Company, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion if we are processing your data for reasons of consent or legitimate interest (including the right to have The Gibraltar Company delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask The Gibraltar Company to stop processing your personal data, with some exceptions, by contacting us).

 

You may also control the receipt of certain types of communications from The Gibraltar Company. The Gibraltar Company may send you messages about the Services or your activity. Some of these messages are required, service-related messages for Users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive via the unsubscribe link in our emails.

 

If you no longer wish to use the Web site or our Services from us or receive service-related messages (except for legally required notices), then you may close your account.

                                                                                                                                    

Sharing Information with Third Parties

 

The Gibraltar Company does not sell, rent, lease, trade, or otherwise give away its customer lists to third parties except for as may be necessary to facilitate the interaction between Homeowners and Contractors. The Gibraltar Company may share your data only with those third parties who may be necessary to provide the Services and process your data, such as our payment processors, and with other Users with whom you connect via the Services, including Contractors who shall perform in-person remediation Services. We utilize the following third-party services to provide the Services, which are subject to change at any time:

 

            Stripe for payment processing

            Mailchimp for marketing

            Goodhire for background checks of Contractors

            Ads words for marketing

            Global for

            Google Analytics

            Google Adwords

            Google Remarketing

            Google Web site Optimizer   

Scorecard Research for analytics

 

The Gibraltar Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Gibraltar Company or the Web site; (b) protect and defend the rights or property of The Gibraltar Company; (c) in the event The Gibraltar Company reasonably believes you have used the Services to commit fraud or copyright infringement or have otherwise violated our Terms and Conditions of use; and/or (d) act under exigent circumstances to protect the personal safety of users of The Gibraltar Company, or the public.

 

Use of Cookies; User Session Information

 

The Gibraltar Company Web site may use "cookies," activity tracking, HTML5 local storage, flash storage, bug reporting, and other personalized advertising to help you personalize your User experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize The Gibraltar Company pages, or register with The Gibraltar Company site or purchase Services, a cookie helps The Gibraltar Company to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Gibraltar Company website, the information you previously provided can be retrieved, so you can easily use The Gibraltar Company features that you customized. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have furnished such information to the Web site.

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of The Gibraltar Company Services or websites you visit.

 

User session information, including identification and length (a randomly generated identification created for each time you use the Web site, and the amount of time you use the Web site, in a single session), which shows The Gibraltar Company User preferences regarding return visits to the Web site, helps The Gibraltar Company to manage subscriptions and private areas on the Web site, records user specific tracking and/or aggregate tracking information of The Gibraltar Company Users and delivers customized content based on User-specific information, such as browser type, screen type and resolution; The Gibraltar Company may use this information in aggregated form in order to improve future development of the Web site.

 

We may also use "Web beacons," activity trackers, clear .gifs,  or similar technologies, which are small pieces of code placed on a Web page, to monitor the behavior and collect data about the visitors viewing a Web page. For example, web beacons may be used to count the users who visit a Web page or to deliver a cookie to the browser of a visitor viewing that page.

 

As an automatic process, The Gibraltar Company may record email and internet protocol (IP) addresses that access the Services for evaluation and diagnostic purposes in order to seek out and repair functionality issues with The Gibraltar Company’s servers and related programming, and to monitor traffic patterns, analyze trends, administer the Services, track use patterns, and identify the most popular areas of the Services to deliver content most relevant to The Gibraltar Company’s Users. The Gibraltar Company hereby reserves the right to share aggregated demographic information with The Gibraltar Company’s partners provided that such information will not be linked to your personally identifiable information that identifies you, except as set forth in this Privacy Policy.

 

Security of your Personal Information

 

The Gibraltar Company secures your personal information from unauthorized access, use, or disclosure by restricting the same using secure sockets layer (“SSL”) and management only access.

 

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.

 

International Transfer

 

We offer a US-based service. Thus, your information will likely be transferred to and processed via servers located in the United States. Canada, the United States, the European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live.

 

Children Under Thirteen; Notice to Minors

 

The Gibraltar Company does not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13), you must ask your parent or guardian for permission to use the Web site and Services. We request that all users of the Web site and our Services who are under the age of thirteen (13) not disclose or provide any personally identifiable information. If we discover that a child under thirteen (13) has provided us with personally identifiable information, we will delete that child’s personally identifiable information from our records.

 

In addition to protecting the privacy of children under age thirteen (13), we are committed to protecting the privacy of minors. Though neither our Web site nor our Services is not targeted to minors nor is it intended to be used by minors, if, for any reason a minor has shared information via our Web site and/or Services said minor may request and obtain removal of such information by contacting us at [email protected] Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information provided.

 

Do Not Track Disclosure

 

Please note that while you may have the opportunity to opt-out of targeted advertising as discussed in the “How to Opt-Out” section above, and you may be able to control the use of cookies through your Web browser as described in the “Use of Cookies” section below, some Web browsers may also give you the ability to enable a “do not track” setting. This setting sends a special signal to the Web sites you encounter while Web browsing. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies. We do not respond to Web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Policy. For more information about “do not track,” visit http://www.allaboutdnt.org/.

 

Retention

 

The Gibraltar Company will retain your information only for as long as is necessary for the purposes set out in this policy, or as needed to provide the Services to you. If you no longer want The Gibraltar Company to use your information to provide the Services to you, you may cease use of the Services by deactivating your account or by emailing us at [email protected] The Gibraltar Company will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

 

E-mail Communications; How to Opt-Out

 

It is The Gibraltar Company’s policy not to send unsolicited emails or allow third parties to contact you via the email address that you provide to The Gibraltar Company except for as may be intended by the Services.

 

The Gibraltar Company may, from time to time, contact you to discuss business relevant to your use of the Services and, naturally, The Gibraltar Company will contact you to respond to inquiries that you may send to The Gibraltar Company.

 

In addition, from time to time, The Gibraltar Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

 

Please note that or marketing and promotional communications are opt-out. If you would like to stop receiving marketing or promotional communications via email from The Gibraltar Company, you may opt out of such communications by clicking on the UNSUBSCRIBE link contained in each email.

 

Email marketing campaigns published by us may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but shall not be limited to: the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates, and frequency of activity. This information is used to refine future email campaigns and supply the User with more relevant content based around their activity.

 

Your Rights

 

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, The Gibraltar Company will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact The Gibraltar Company through one of the channels listed below under “Contact Information.” We will respond to your request within a reasonable timeframe.

 

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications.

 

Withdrawing Consent

 

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can email [email protected] at any time to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent.

 

Contact Information

 

The Gibraltar Company welcomes your questions or comments regarding this Privacy Policy. If you believe that The Gibraltar Company has not adhered to this statement, please contact:

 

Address: The Gibraltar Company, LLC, 2451 Cumberland Parkway, Suite 3433, Atlanta, Georgia 30339, United States

 

Phone: +1 833-284-3442

 

Email Address: [email protected]

 

Special Notice to California Residents

This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (” consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (” personal information”). In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category A: Identifiers

Examples: A real name, Internet Protocol address, email address, or other similar identifiers.

Collected: YES

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: YES

Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: NO except as may be anonymized and collected by Google Analytics

Personal information does not include:

We obtain the categories of personal information listed above from the following categories of sources:

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

For a list of whom we share your personal information, please see this Privacy Policy, Sharing Information with Third Parties.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, The Gibraltar Company has disclosed personal information for a business purpose.

Sales of Personal Information

In the preceding twelve (12) months, The Gibraltar Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve- (12)-month period. The verifiable consumer request must:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve- (12-) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following our webpage and sending us a message.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.

To make any such a request, please contact us through one of the channels listed below under “Contact Information.”