Privacy Policy

Last Updated 02-10-2016

This Website is operated by TopBuild Corp. and its affiliated companies (collectively, “TopBuild,” “we”, “us”).  In this Privacy Policy, we inform our users (“you”) of what information we collect from or about you on this Website, how the information is used and with whom it may be shared, and what choices are available to you regarding our use and sharing of your information.  This Privacy Policy applies only to information collected on this Website.

Please read this Privacy Policy carefully.  By using this Website, you consent to our collection, use, sharing and retention of your information as described in this Privacy Policy.  This Privacy Policy also constitutes a part of our Terms of Use that govern your use of this Website.  If you have not done so already, please also review our Terms of Use which contain provisions that limit our liability to users of this Website and require users to resolve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action.

Notice to California Residents – Your California Privacy Rights

Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed their information to one or more third parties for such third parties’ direct marketing uses in the prior calendar year.

We may share our users’ personal information among our affiliated companies as well as with unaffiliated third parties for direct marketing purposes.  To learn more about such information sharing, please see the “How We Use and Share Information” section of this Privacy Policy.  To learn what choices are available to you regarding such information sharing, please see the “User Choices” section of this Privacy Policy.

To make a request for information-sharing disclosure under this law, please email us at info@topbuild.com.  Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

Do Not Track (DNT) Disclosure: Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that can signal to websites that a user does not want to have his/her online activity and behavior tracked.  If a website responds to a web browser’s DNT signal, the browser can block that website from collecting certain information about a user.  Because the technological standards for DNT signals are not yet uniform, presently responding to DNT signals is optional for websites and many websites do not respond to DNT signals.  This Website does not currently respond to DNT signals of web browsers.  However, should the industry establish uniform technological standards for recognizing and implementing DNT signals, this Website would be open to following such industry standards.

What Information We Collect

  • Personally Identifiable Information (“PII”)This is information that identifies an individual user personally, such as name, email address, phone number, mailing/shipping address, billing address, and payment account information. We do not collect PII from you unless you voluntarily provide it to us or allow us to receive it from a third-party source.  We ask for and collect your PII when you engage in an activity on this Website that identifies who you are or how you may be contacted, such as creating an account, submitting a request or inquiry to us, subscribing to our emailing and/or postal mailing lists, engaging in a transaction with us, or signing up for a sweepstakes, contest or other promotion offered on this Website (each, an “Identification Activity”).  An Identification Activity also includes linking your account on a third-party social media site (e.g., Facebook, Twitter, LinkedIn, etc.) with your account on this Website (if such linkage is supported by this Website).  For example, this Website may support single sign-on that allows you to log into your account on this Website using your account on a third-party social media site, and if you use such feature this Website may automatically receive your information (such as your name and profile photo) from your account on that social media site.

Whether or not to disclose PII is completely your choice.  However, without providing PII you will not be able to engage in or complete an Identification Activity.  You must be at least 18 years of age to engage in an Identification Activity on this Website.

  • Aggregate and Anonymous Information (“AAI”)This refers to information that does not identify an individual user personally. For example, we use Google Analytics (tools provided by Google) to collect and analyze statistical data about visitors to this Website, and the data collected through Google Analytics helps us measure and understand the demographics, usage patterns, interests, trends, etc. about visitors.  Google Analytics collects information anonymously and reports website trends and usage data without identifying individual users.  For more information about our use of Google Analytics, please see the “Cookies and Similar Technologies” section of this Privacy Policy.  Also, from time to time we may aggregate our customers’ PII by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” the information.
  • User Activity Information (“UAI”)This refers to certain information that we automatically collect when a user visits this Website, which includes, for example: (i) information about the device you use to visit our site (such as device type, operating system, browser type, etc.); (ii) your device’s Internet Protocol (IP) address and information related to that IP Address (such as domain information, your Internet service provider and general geographic location); and (iii) information about your visit to our site, such as the date, time and duration of your visit, the pages and content you viewed, your search queries, and your other interactions with our site; information in this category may also include what website you came from before visiting our site and what website you navigate to when leaving our site.  Similarly, if you use this Website on a mobile device, we automatically collect certain information about your device, such as your device IP address, device type and operating system, browser type, and your device location data (based on GPS or WiFi signals, if turned on by you).  For more information about how we automatically collect information through the use of cookies and other similar technologies, please see the “Cookies and Similar Technologies” section of this Privacy Policy.

UAI does not tell us who you are and we do not link or combine UAI with our users’ PII.  Accordingly, UAI is treated as AAI under this Privacy Policy.

How We Use and Share Information

The following describes how we use and share our users’ information (including PII) collected on this Website:

  • To operate, manage, maintain and improve this WebsiteThis includes using your PII to enable, support, administer and manage your Identification Activities on this Website.
  • To communicate with our users: This includes communicating with you regarding your account or a transaction you have made with us, responding to a request or inquiry you have submitted to us, informing you about changes to this Website (including changes to this Privacy Policy and/or our Terms of Use), and sending you information that may be of interest to you (such as news about TopBuild, new products and services we offer, special offers and promotions, etc.). Please note that when you create an account on this Website, your email address and mailing address may automatically be added to our emailing and postal mailing lists.
  • To share with our affiliated companies for direct marketing purposesWe may share your PII among our affiliated companies so that they may contact you directly about products, services, special offers and promotions, etc. that may be of interest to you.
  • To share with unaffiliated third parties for direct marketing purposesWe may share your PII with unaffiliated third parties (including, without limitation, third-party dealers and retailers that offer our products for sale, and third parties with whom we partner to conduct joint marketing or product/service offerings, to co-sponsor sweepstakes, contests or other promotions, to operate a co-branded website, etc.) so that they may contact you directly about products, services, special offers and promotions, etc. that may be of interest to you.
  • To share with our service providers: We may share your PII with third-party service providers who have a legitimate need to access your information in order to provide services or support for the operation, maintenance or security of this Website. We require that our service providers limit their use of your information solely to providing services to us and that they safeguard your information and not make unauthorized use or disclosure of the information.
  • To share with others as directed by usersThis Website may include social media functionalities that allow you to interact and communicate with other users. If you choose to use such functionalities to share your personal information with other users, your information will be made available to others as directed by you.
  • To protect our rights, etc.We may disclose your PII if doing so, in our good faith belief, is necessary to: (i) protect the rights, property, safety or security of this Website, our users, and/or the public (including enforcement of the terms of this Privacy Policy and/or our Terms of Use); (ii) detect, prevent, or otherwise address fraud, security or technical issues; (iii) comply with law or legal process (including a court order or subpoena); and/or (iv) to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity).
  • To complete a merger, sale of business or assets, etc.If our company is involved in a merger, acquisition, financing, or sale of business or assets, our users’ information (including PII) may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change of ownership, we will endeavor to notify our users of the change as well as any choices our users may have regarding the change.
  • Use and sharing of AAI: Because of the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how we may use and share AAI.

Information Access; Data Retention

  • Information Access: To view or update your PII (to the extent maintained in our database), please email us at info@topbuild.com.
  • Account CancellationYou may request to cancel your account on this Website by emailing us at info@topbuild.com, provided that there is no pending transaction, claim or dispute between you and us.
  • Data Retention: You may request to delete your PII from our database by emailing us at info@topbuild.com. However, you acknowledge and agree that we reserve the right to retain your PII for as long as we deem reasonably necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), to complete a transaction you have made with us, to resolve a claim or dispute between you and us, and/or to enforce an applicable agreement between you and us.  Because of its non-personally-identifiable nature, AAI (including UAI that is not personally identifiable) may be retained indefinitely.

User Choices

  • Choice Regarding Marketing Communications from Us: You have the choice to stop receiving further marketing communications from us and our affiliated companies. To exercise such choice, please email your request to us at info@topbuild.com.  To stop receiving further marketing emails from us and our affiliated companies, you may also use the “unsubscribe” link provided in a marketing/promotional email you previously received.  Furthermore, as a part of the account registration process, we may ask you to set your preference with respect to receiving marketing communications from us and our affiliated companies.
  • Choice Regarding Non-Marketing Communications from Us: This refers to communications of a transactional or relationship nature or as required by law (g., communications regarding your account or a transaction between you and us, our response to a request or inquiry you have made, our notifications regarding changes to this Website (including changes to this Privacy Policy and/or our Terms of Use) or regarding an actual or suspected security breach that affects your PII stored by or for us, etc.). There is no opt-out for non-marketing communications.  By allowing us to maintain your PII in our database or by continuing to use this Website or any product or service provided by us or any of our affiliated companies, you agree to receive non-marketing communications from us and our affiliated companies.
  • Choice Regarding Information Sharing with Unaffiliated Third Parties for Direct Marketing Purposes: If you prefer that we do not share your PII with unaffiliated third parties for their direct marketing uses, please email your request to us at info@topbuild.comPlease note, however, that to the extent we have already shared your information with third parties prior to your opting out, we will not be able to remove your information from such third parties’ databases and it will be necessary for you to contact such third parties directly if you wish to stop receiving further marketing communications from them.
  • Choice Regarding Mobile Messaging: From time to time we may offer mobile messaging programs to our customers. If you participate in one of such programs, you may cancel and terminate your participation in such program at any time by replying STOP to a mobile message you have received, or by texting STOP to the short code used for the messaging program from which you wish to opt out (if you have enrolled in multiple messaging programs on the same short code and wish to opt out from all those programs, text STOP ALL to the short code).

Cookies and Similar Technologies

  • Cookies: Cookies are small data files that websites and online services send to and store on your computer or mobile device through your Web browser (if you allow). Cookies enable websites and online services to recognize your browser and record certain information about your visits.  Cookies may be used on this Website for various purposes including: helping us remember who you are and enhancing and personalizing your online experience; understanding and saving your preferences for future visits; collecting AAI and UAI about our users; tracking user responses and interactions with advertisements; etc.  We may also use information collected from cookies together with PII we have collected from our users.  We do not, however, use cookies to access information stored on the hard drive of your computer or mobile device.  Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device.  Each time you revisit this Website, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time.  Please note that if you choose to disable or reject cookies from us, some features of this Website may become inaccessible or may not function properly.  For more information on how to manage cookies, please visit http://www.aboutcookies.org/ and http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html (to manage Adobe Flash cookies).
  • Web Beacons: This Website may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc.  Web beacons cannot be declined when delivered via a regular web page.  However, web beacons can be refused when delivered via email.  If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
  • Google Analytics:Google Analytics is a web analytics tool provided by Google that helps websites and online services collect and analyze information about how visitors use and interact with their sites and services, and based on information collected and analyzed through Google Analytics websites and online services can measure the performance of and make improvements to their sites and services.  Google Analytics uses first-party cookies to track visitor interactions on this Website and to collect information about how visitors use this Website.  We use the information collected through Google Analytics to help us understand the demographics, usage patterns and interests, trends, etc. about our users.  Google Analytics collects and reports usage information anonymously without identifying individual users.  You can opt out of Google Analytics without affecting your use of this Website – for more information on opting out of being tracked by Google Analytics, please visit google.com/settings/ads and https://tools.google.com/dlpage/gaoptout.

Security

We use commercially reasonable measures to safeguard the security of this Website and our users’ PII, including limiting information access to only those of our employees, agents, contractors and service providers who need to access such information in order to perform tasks for us, and we require that they not make any unauthorized use or disclosure of the information.

Despite these efforts, no method of electronic transmission or storage is 100% secure and, therefore, we and our service vendor cannot guarantee the absolute security of our users’ PII.  We will endeavor to notify our users if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of this Website that affects our users’ PII.  However, you understand and acknowledge that we are not liable for any breach of security resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.  By providing your email address to us, you acknowledge and agree that we may notify you via email regarding an actual or suspected security breach.

If you have an account on this Website, as an account holder you are responsible for keeping your account login information secure and are responsible for all uses of your account login information.  You should keep your account login information in a safe place and not to divulge it to anyone who is not authorized to access your account.  You agree not to transfer your account login information, or lend or otherwise transfer your account access, to any third party.  Remember to sign off your account and close your browser window when you have finished your visit.  This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe.

Payment Service

This Website does not collect or process credit card or payment account information from customers.  We may, however, use a third-party payment service provider (a “Payment Service”) to collect and process electronic payments from customers.  If you elect to make a payment to us electronically, you will be directed to a secure webpage that is hosted and operated by the Payment Service and not by us (such page, the “Payment Service Page”).  Any personally identifiable information (including credit card or payment account information) that you provide on the Payment Service Page will be collected by the Payment Service and not by us, and will be subject to the Payment Service’s privacy policy, rather than this Privacy Policy.  We have no control over, and shall not be responsible for, a Payment Service’s use of your information collected through the Payment Service Page.  PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT APPLY TO THE COLLECTION AND USE OF INFORMATION BY A PAYMENT SERVICE OR THE PRIVACY OR INFORMATION PRACTICES OF A PAYMENT SERVICE.

Joint Offerings With Third Parties

From time to time, we may partner with another company that is not owned or controlled by or affiliated with us to offer a product or service jointly, to conduct a joint marketing campaign or program, to co-sponsor a sweepstakes, contest or other promotion, or to operate a co-branded website (each, a “Joint Offering”).  Unless expressly otherwise stated, when users submit PII in connection with a Joint Offering, the information is collected by both us and our Joint Offering partner, and this Privacy Policy will apply only to our collection, use and disclosure of the information whereas our Joint Offering partner’s own privacy policy will apply to its collection, use and disclosure of the information.  We have no control over, and shall not be responsible for, our Joint Offering partner’s use or disclosure of your information.  Prior to submitting PII in connection with a Joint Offering, you should carefully review our Joint Offering partner’s privacy policy to understand how it may use and share your information.

Links to Third Parties Websites

This Website may contain links to third-party websites that are not owned or controlled by or affiliated with us (a “Linked Third-Party Site”).  Linking to such a third-party site does not constitute, nor should be deemed or construed as, our approval, sponsorship or endorsement of the third-party site.  Specifically, we are not responsible for the privacy practices of a Linked Third-Party Site.  Once you leave this Website, this Privacy Policy will no longer apply.  Any information collected from or about you in connection with your use of a Linked Third-Party Site will be governed by the privacy policy of that third-party site.  A Linked Third-Party Site’s  privacy and data practices may be substantially different from those of ours.  Third parties may send their own cookies, web beacons, etc. to your computer or mobile device, and may collect information about you and make use of the information in ways that we would not.  You use a Linked Third-Party Site entirely at your own risk.  You should always read the privacy policy posted on a Linked Third-Party Site before disclosing any personal information on that third- party site.

Public Forums

This Website may include areas and functionalities that allow users to post messages, photos or other user-generated content for viewing by others (such as message boards, forums, customer reviews, chat rooms, blogs, etc.) (a “Public Forum Area”).  Please exercise extreme caution when revealing personal information in a Public Forum Area.  Information revealed by you may be misused by another to harm or harass you.  We cannot control and are not responsible or liable for how others may use your information obtained in a Public Forum Area.

Protecting Children

This Website is not intended for or directed to anyone under the age of 13.  We do not knowingly collect personal information from anyone under the age of 13.  You must be at least 18 years of age to engage in an Identification Activity on this Website.

International Users

This Website is operated by us in and from the United States and information collected on this Website is processed, used and stored within the United States.  If you are using this Website and submitting your personal information to us from outside the United States, you consent to the transfer of your personal information to the United States for use, sharing and retention as described in this Privacy Policy.  This Website is not intended to subject us to the laws or jurisdiction of any country or territory other than that of the United States.

Changes to Privacy Policy

From time to time, we may update and modify this Privacy Policy to accommodate new technology, industry practices, regulatory requirements, or for other purposes.  If the changes are material (e.g., if we change in a material way how we collect, use or share our users’ personal information), we will provide you with notice (which notice may be posted on this Website and/or be sent to you via email or postal mail).  If you have an account on this Website, we may ask you to affirmatively agree to the changes (such as by checking a box or clicking a button) at the time of your next account log-in.  By continuing to use this Website after such notice (and consent, if applicable), you are bound by this Privacy Policy as modified.

Contact Us

For questions or concerns about this Privacy Policy or our data practices described herein, please contact us by mail or phone using the address and phone number posted on the “Contact Us” page of this Website, or by email at info@topbuild.com.