Please review the entire policy to learn the types of Visitor and User information MB gathers, how MB uses that information, what information is disclosed and to what third parties, and how MB safeguards your information.
I. Type of Information MB Collects
A. Personal Information and Non-Identifying Information
When you submit an application to register with us to use the Service or at other places on the Platform, including, for example, through our support tools, we will ask you for certain personally identifiable information and we will also supplement such personally identifiable information you provide to us with personally identifiable information about you that we might separately discover about you in our own on-line searches about you, as permitted by applicable law. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, email address, business postal address(es), and any other information that could be used to personally identify you.
We also collect other information that you provide as part of registration for the Service, and the administration and personalization of your registration with us, that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own) and individual preferences. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your gender only or your viewing preferences).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, to facilitate and complete transactions for you, and respond to correspondence from you. We may also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you, as permitted by applicable law, If you decide at any time that you no longer wish to receive communications such as newsletters, marketing or promotional materials from us, please follow the unsubscribe instructions provided in any of the communications or update your account information.
Where you have used Sample Content, ordered samples under a sample Order or have otherwise Opted-In, with respect to a particular Manufacturer, we will share your Personal Information with such Manufacturer so that the Manufacturer may contact you specifically regarding the order and not general solicitation or marketing. The provision of your Personal Information may be required to provide you with the Service. If you decide at any time you no longer want your information shared in regards to your sample orders, we will be unable to provide you the Service; please close your Registration Account and discontinue using the Service.
We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Platform and/or the Service, and to analyze and understand how the Platform and Service are used.
B. Usage Data
When you visit the Website, whether you are logged in or just browsing without logging in, our servers automatically record information that your browser sends whenever you visit a website. The information sent automatically by your browser is referred to as “Usage Data.” This Usage Data may include information such as the manufacturer and model of your computer or mobile device; your Internet Service Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; pages of the Website that you visit, the time spent on those pages or interacting with certain portions of the Website; information you search for on the Platform, and access times and dates; and other statistics. Usage Data may also include geolocation data.
We use this information for technical administration of the Platform and Service, including to monitor and analyze use of the Platform and Service, to increase the functionality and user-friendliness of the Platform, and to better tailor the Platform and Service to Users’ needs.
Usage Data may be non-identifying or it may be associated with you. Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information.
II. How MB Collects Information
We request certain information from you through the use of forms when you apply to register for the Service. For example, when applying to register, we may ask you to enter your name; e-mail address(es); mailing address(es); and phone number(s). We may also ask for your payment information if a Shipping Fee is applied.
B. Surveys, Polls, Questionnaires
We request certain information from you through the use of surveys, polls, questionnaires when you use Sample Content or place a sample order or otherwise use the Platform or the Service. For example, we may ask you to rate your experience with the Platform and Service; enter the amount of times in which you have used the Platform and Service; whether you would use the Platform and Service in the future; whether you would refer the Platform and Service to another architectural, design, or manufacturing entity; and whether you suggest any modifications to the Platform and Service.
D. Usage Data
Usage Data are collected automatically by the Platform’s servers and software. For example, because the Platform automatically collects Usage Data for all Visitors and Users, as applicable, that visit the Platform, your Platform session will be tracked. You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals.
Additionally, in some of our email messages, such as a sample order confirmation, MB may use a “click-through URL” linked to content on the Platform. When a User clicks onto one of these URLs, the User will pass through our server before arriving at the destination Web page. MB tracks this click-through data to help us determine User interest in certain subject matter and measure the effectiveness of these User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from MB.
Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the Platform that Visitors or Users, as applicable, have visited; (ii) to measure the effectiveness of any searches Visitors or Users, as applicable, perform; and (iii) to enable us to send emails in a format that Visitors or Users, as applicable, can read, and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to Visitors or Users, as applicable.
Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The Platform does not accept or process such Do Not Track signals or similar mechanisms.
The Platform provides messaging to enable Users to communicate with Material Bank Support on behalf of MB. MB may review communications made between Users using the Platform’s messaging for legitimate business purposes, including in the course of customer service investigations regarding User complaints and disputes.
III. Use and Sharing of Information by MB
The Visitor and User, as applicable, information that MB collects may be added to our databases and used for business purposes, including for marketing and promotional purposes, for a statistical analysis of the behavior of Visitors or User, as applicable, for product development, for content improvement, to study market trends and otherwise conduct analysis for business purposes, and/or to customize the content and layout of the Platform.
MB may use your Personal Information to generate anonymized or aggregated data, which we will use and disclose for our business purposes, in our sole discretion.
In addition, MB will, on occasion, send emails to you about the Platform or third-party products. If you do not want to receive email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any MB email to remove yourself from continued receipt of such email messages.
MB’s policy is not to share the User information it collects with third parties other than as specified below, or where a User expressly consents to our sharing of certain information with a third party. We may share User information with third parties under the following circumstances:
A. Connecting Users With Manufacturers
The Platform and Service also uses certain information provided by Users in certain circumstances to connect Users with Manufacturers. For example, where you have requested Sample Content, samples through a sample order or have otherwise “opted-in” with respect to a particular Manufacturer, MB will share your information with Manufacturers and the Manufacturer may send you emails or contact you by phone or text message about the samples. More specifically, in this context, MB acts as an intermediary between Users and Manufacturers, and serves as an agent to supply Sample Content and Samples to Users on behalf of Manufacturers, and collects and provides your contact information to Manufacturers in this capacity. We work closely with certain Manufacturers and may provide information to such Manufacturers so that they can contact you and provide you with additional information about the samples. For example, we may provide information to Manufacturers for the purpose of providing you with information on goods or services we believe will be of interest to you. Accordingly, when you disclose your information to us in this context, you are also disclosing your information to the Manufacturer whose samples you have requested.
B. Affiliates, Business Partners and Vendors
We work closely with our affiliates and certain business partners and vendors, and we may provide your information to our affiliates, business partners and vendors so that they can offer or provide services to you and/or provide services to us for you. For example, we may provide your name, contact information and firm affiliation to our affiliates or business partners for the purpose of providing you with information on products or services we believe will be of interest to you, as permitted by applicable laws.
We may also employ third party companies and individuals as vendors for any of the following: to facilitate the Platform and Service; to provide the Platform or portions of the Platform on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; and/or to assist us in analyzing how the Platform and Service are being used.
For A and B above, under certain circumstances, you may avoid having MB share your information with its Manufacturers by not requesting Sample Content, not requesting samples through a sample order and not otherwise “opting-in” with respect to a Manufacturer, and you may avoid having MB share your information with its Manufacturers, affiliates, business partners and vendors by opting out of/unsubscribing as provided in this policy. Opting out of or unsubscribing from MB permission to share your information with its Manufacturers, affiliates, business partners, or vendors may limit your access to their products or services through the Platform. For any information that was shared by MB prior to your submission and/or our processing of your decision to opt out with MB, you will need to contact any third parties marketing to you directly.
D. Business Transfers
As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, or bankruptcy. In such transactions, information about Visitors and Users, as applicable, generally is often a transferred business asset. In the event that MB itself or substantially all of MB’s assets are acquired, information about our Visitors and Users, as applicable, may be one of the transferred assets.
E. Compliance with Law and Protection of MB and Others
We may release information about our Visitors and Users, as applicable, when we believe, in our sole discretion, that release is appropriate: to comply with the law, including but not limited to, in response to a subpoena served on MB; to enforce or apply the Agreement, including the Terms and Conditions and other agreements, rules, and policies; to protect the rights, property, or safety of MB, our Visitors or Users, or others; or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging information about Visitors or Users, as applicable, with other companies and organizations for fraud protection).
F. Aggregate Site Use Information
We may release aggregate information, including without limitation, aggregate site use information, about Visitors and Users (without revealing any Personal Information about you) to advertisers and other third parties in order to promote or describe use of the Platform and the Service.
We may also sell such aggregate information to third-parties whether or not we are selling our business as described in Subsection D of Part III above; however, none of such information shall include any Personal Information about you.
G. Working with Your Company
Because your eligibility to use the Platform and Service is based on your affiliation to your company, MB may provide your usage data analytics to the company with which you have affiliated yourself (during the registration process or by updating your affiliation afterwards). This information may be provided on an aggregated basis or an individual format and may include a User’s Personal Information.
H. Referral Programs
IV. MB’s Opt-in/Opt-out Policy for Use of Information
In addition, if you use Sample Content or order samples, or otherwise Opt-In, we will provide your Personal Information to Manufacturers, in our capacity as agent to Manufacturers, for purposes of contacting you about the sample orders and you may be contacted by Manufacturers for this purpose, including by receiving emails, phone calls and/or text messages from Manufacturers. However, you will not be contacted by Manufacturers for any purpose other than to follow up regarding the sample orders that you have requested originating from such Manufacturer.
We currently provide the following “Opt-Out Opportunities”:
At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from MB to unsubscribe from the Service.
Your Privacy Rights for California and Canadian Users.
In addition to the ability to utilize the Opt-Out Opportunities described above, California Users may have the right to request certain disclosure information annually from MB. Such disclosure requests should be directed to:
Mr. Peter Fain
3651 NW 8th Ave.
Boca Raton, Florida 33421
For more information, please reference the Cal. Civ. Code § 1798.83, available at http://oag.ca.gov/privacy/privacy-laws. In addition, if you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Canadian Users may have the right to request access to Personal Information held by MB, subject to applicable exemptions, and have the right to withdraw consent to MB’s further collection, use and disclosure of Personal Information, subject to legal and contractual restrictions. Canadian users may make such requests and may register a complaint to MB regarding its privacy practices by utilizing the above contact information.
V. Third Party Service Providers, Links to other Sites, and Third Party Advertising
VI. Social Media Sites
MB operates and maintains social media networking pages on websites such as Facebook, Twitter, and LinkedIn. MB will, from time to time, import comments and posts from these third-party websites to the Platform. If you post to any of MB’s social networking pages on third-party websites, you are providing information to the public and do so at your own risk. Further, MB may use these postings on its Platform without notice or compensation to you. Please visit the privacy policies of any third party websites before posting to MB’s pages there.
VII. International Transfer
By accessing and using the Platform and Service, you acknowledge and agree that MB controls and operates all parts of the Platform and Service from its offices in the United States of America and that the location of the servers on which the Platform and servers is located is in the United States of America and we retain your Personal Information on these servers for the period during which you are registered with our Platform and using the Service, and the Platform and Service are intended exclusively for use by Visitors and Users located in the United States of America and Canada (the “Territory”). Unless expressly stated to the contrary, MB makes no representation that the Platform and Service are appropriate or will be available for use in other locations.
NOTWITHSTANDING THE ABOVE, THIS SERVICE IS NOT DIRECTED TO, AND IS NOT INTENDED TO BE USED BY, PERSONS AND ENTITIES OPERATING OUTSIDE OF THE TERRITORY, INCLUDING, WITHOUT LIMITATION, THOSE PERSONS OR ENTITIES IN, OR LOCATED WITHIN, THE EUROPEAN UNION (“EU”). MB’S GRANT OF ACCESS TO YOU IS PREMISED ON THE UNDERSTANDING THAT YOU ARE NOT OPERATING OUTSIDE THE TERRITORY, INCLUDING, WITHOUT LIMITATION, OPERATING WITHIN THE EU.
MORE SPECIFICALLY WITH RESPECT TO THE EU, YOU ACKNOWLEDGE THAT MB (I) IS NOT LOCATED IN ANY COUNTRY IN THE EU NOR IS IT COLLECTING DATA FROM ANY EU CITIZEN IN ANY COUNTRY IN THE EU, (II) IS NOT INTENDING TO MARKET AND SELL TO EU CITIZENS IN ANY COUNTRY IN THE EU, AND (III) IS NOT TRYING TO MONITOR THE ACTIVITY OF ANY EU CITIZENS IN ANY COUNTRY IN THE EU.
VIII. Changing or Deleting Your Information
All Users who have applied to register for the Service on the Platform or any other Visitor that has provided Personal Information on the Platform may review, update, correct or delete any such Personal Information in their registration profile by contacting us. If you completely delete all such information, then your registration may be deactivated. We may retain an archived copy of your order history and User activity, records as required by law or for legitimate business purposes.
We are very concerned with safeguarding your information. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. For example, we use commercially reasonable security measures such as encryption, firewalls, and secure socket layers (SSL) to protect information.
Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won't be intercepted while being transmitted to us over the Internet or other network. Any information you transmit to MB, you do at your own risk. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Platform in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
X. Children’s Privacy
We are committed to protecting the privacy of children. Under the terms of the Agreement, Users must be at least eighteen (18) years of age to access and use the Platform and Service. Any access to or use of the Platform or Service by anyone under the age of eighteen (18) is unauthorized, unlicensed, and in violation of the Agreement. By using the Platform and Service, you represent and warrant that you are eighteen (18) years of age or older, and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If MB believes that you are under the age of eighteen (18), or that you are not old enough to consent to and be legally bound by the Agreement, MB may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Service (or any portion, aspect, or feature of them); or (ii) delete any content or information that you have posted through the Platform.
XII. Contacting Us
Mr. Peter Fain
3651 NW 8th Ave.
Boca Raton, Florida 33421
With a copy to:
101 Park Ave., 4th Floor
New York, NY 10178
as the privacy contact for the company.
XIII. Effective Date