2. Product Information
While DAP uses commercially reasonable efforts to provide accurate information, the industries of which DAP is a part and the jurisdictions in which the DAP operates and the laws and regulations applicable to those industries and jurisdictions change frequently. Therefore information contained on the Site may not be current or accurate. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. DAP cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your particular needs or requirements or that the recommendations, regulations or other information provided is complete, accurate or current for your specific needs (see our disclaimer of warranties in Section 10 below). Each claim or statement about the effectiveness of DAP products and/or claims or statements comparing the effectiveness of DAP products to that of others is expressly limited to the country of applicability as referenced on the site and if no country is referred, the United States, unless otherwise stated on the Site. If a product or sample offered by DAP through the Site is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased or a refund of the price you actually paid. Product description and pricing is subject to correction and change. DAP may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. Sales made through the Site, if any, are governed by DAP Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
3. User Conduct
Obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with DAP or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload commercial material to the Site, use the Site to solicit others, advertise or promote anything.
Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
You are responsible for your Communications and your activities on the Site. Under no circumstances is or will DAP be liable in any way for any Communications, your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site.
5. Modifications to Site
This Site may contain links to other internet websites or resources. When you link to those sites, you leave this Site. DAP has no control over such sites, their content and resources or the business practices or policies of operators of such sites. DAP’s privacy terms do not apply to the practices of any companies or individuals operating the linked sites. Therefore, please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. DAP expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that DAP endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that DAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
8. DAP’s Proprietary Rights
9. Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to DAP.
DAP respects the intellectual property of others, and asks its users and visitors to do the same. DAP will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with applicable law, DAP will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and email address and all other information reasonably sufficient to permit DAP to contact you;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: DAP Products Inc.
2400 Boston St., Suite 200
Baltimore, MD 21224
By fax: (410) 558-1068
By Email: firstname.lastname@example.org
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DAP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
DAP makes no representations or warranties about the accuracy or completeness of the Site or Licensed Content. DAP does not target, and the Site is not intended for use by, children under age 13. DAP will not contact children under age 13 about promotions or for marketing purposes without a parent’s permission nor will it ask for more personal information than is reasonably necessary to participate in a given activity. However, it does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) DAP MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAP SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Notice/Opt Out Options
DAP Products Inc.
2400 Boston St., Suite 200
Baltimore, MD 21224
Should you wish to update your information or no longer receive communications from DAP, please contact DAP CMcHugh@dap.com.
12. General Information
14. Provisions specific to users in the United States
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site 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 an e-mail to email@example.com or write us at: DAP Products Inc., 2400 Boston St., Suite 200, Baltimore, MD 21224, Attn: Webmaster.
DAP Products Inc. Privacy Notice
For the purposes of applicable data protection and privacy laws, DAP Products Inc. (Company", "us", "we") is considered the “Data Controller” in respect of the Personal Data that it collects, uses and manages in accordance with this Privacy Notice (“Notice”).
Company is part of a multinational group of affiliated companies that has databases in different countries, some of which are operated by affiliates and some of which are operated by third parties on behalf of Company or its affiliates.
Protecting your privacy is important to us. We are committed to protecting all Personal Data provided to us, whether by individuals with whom we do business, visitors to and users of our websites or otherwise. Personal Data is information which relates to an identified or identifiable living individual, and that identifies the individual, whether directly such as by name, mailing address or email address, or indirectly such as by internet protocol (IP) address, telephone number, age range, etc. Personal Data is obtained via site usage tracking or when you voluntarily provide the information to us, such as, for example, by filling in forms on the website.
This Notice explains what Personal Data and Non-Personal Data we collect both on this Site and otherwise, how we may use and manage it and the rights you have in relation to your Personal Data. Before you provide us with any Personal Data or browse our website, you should read through this Notice in full and make sure that you are comfortable with our privacy practices.
Please note that our website may contain links to other websites. These third party sites are not subject to this Notice and we recommend that you check the privacy and security policies of each website that you visit. We are only responsible for the privacy and security of the data that we collect and have no control over the actions of any third parties in relation to your Personal Data.
Please refer to the Glossary below for an explanation of the defined terms in this Notice.
Whose Personal Data do we collect?
Company collects Personal Data from a range of individuals in the context of its business activities, including:
- representatives of our suppliers, customers and other business contacts;
- users of our website;
- individuals who contact us by any means; and
- job applicants.
How we collect your Personal Data
We obtain Personal Data which you knowingly and voluntarily disclose to us, both in an online and offline context. For example, we collect Personal Data when you:
- visit our website and / or complete one of our web forms (e.g. using our “Ask the Expert” service);
- contact our customer service centers or request information from us in any other way;
- visit our premises;
- submit an order to us;
- give us your contact information via business card or otherwise;
- complete a survey;
- communicate with us via social networking websites, third party apps or similar technologies;
- visit one of our trade counters at an exhibition.
We may also collect information received by us from third party sources, for example relating to your use of other websites which we operate and from related third parties such as sub-contractors.
What Personal Data we Collect
Company may collect a range of Personal Data from you, such as your name, gender, job title, photographic identification, email address, phone number, home or business address and other contact details, details of your interests, communications with you (including notes from calls or meetings) and financial and payment information.
When you use our Site, we collect certain standard information that is sent by your browser to our Site. This includes technical information, such as your IP address, browser type, operating system, language, time zone setting, access times and any referring website addresses.
The purposes for which we process your Personal Data
We process your Personal Data for the following purposes:
- to provide you with information about, and to fulfil your requests for, products and services;
- to answer your questions;
- to conduct research and advertising;
- to contact you about improved products or product uses;
- to provide you with e-newsletters;
- to email you;
- to allow you to participate in online support or “Ask the Expert” services;
- to notify you of any changes to your services and to provide you with information in relation to similar goods and services that may be of interest;
- to administer and manage warranties;
- to communicate with you and third party contacts;
- to enable your participation in promotions, sweepstakes or consents;
- to administer our website and help improve our products and services;
- to allow you to report problems with our website;
- to carry out analytics in relation to the use of our website;
- to comply with applicable laws and regulations; and
Please note that you cannot communicate with us through the “Contact” or support links on the website or via e-mail without providing some personal information. If you contact us or our service providers, a record of that session or correspondence will be maintained.
When you apply for a job via our website or otherwise, we will collect additional more specific Personal Data about you, such as your qualifications, career history, third party references and interview notes. We may also ask you for other information, for example your interests and the types of jobs you are interested in. Any Personal Data you provide to us in relation to a job vacancy will be processed in accordance with this Notice.
The legal basis for Company processing your Personal Data
In order to comply with applicable data privacy laws, Company is required to set out the legal basis for the processing of your Personal Data. In accordance with the purposes for which we collect and use your Personal Data, as set out above, the legal basis for Company processing your Personal Data will typically be one of the following:
- your consent;
- the performance of a contract that we have in place with you or other individuals;
- Company or our third parties’ legitimate business interests (for example, in maintaining and promoting our business by providing customers with feedback opportunities); or
- compliance with our legal obligations.
With Whom we share your Personal Data
We are part of a multinational group of affiliated companies that has databases in different countries, some of which are operated by affiliates and some of which are operated by third parties on behalf of Company or one of our affiliates. We may transfer your data to one or more such databases outside your country of domicile, potentially including countries which may not require an adequate level of protection for your personal information compared with that provided in your country. However, Company and its affiliates have established controls as required by applicable law to safeguard the possession of, and transfer of, Personal Data. The following are examples of how and why your Personal Data may be shared:
Company may share your Personal Data with people within our parent company, subsidiaries and affiliates who have a “need to know” that data for business or legal reasons, for example, in order to carry out an administrative function such as processing an invoice, or to direct a query that you have submitted to the relevant department or affiliate.
We may disclose your Personal Data to third parties including the authorities, Company's advisors, suppliers of IT services and third parties engaged by Company or its affiliates for the purpose of providing services requested by you; to protect any intellectual property rights in any materials displayed on or otherwise available from Company's website; for the purposes of seeking legal or other professional advice; to respond to a legal request or comply with a legal obligation; or to enforce Company's website Terms and Conditions of Use.
We may disclose your Personal Data to third parties in the event that we sell, buy or merge any business or assets, including to the prospective seller or buyer of such business or assets.
With your consent, we may disclose your Personal Data to third parties who offer products that may be of interest to you. These companies may then contact you directly with product or sample offers, personalized offers and information or to ask for your feedback on products and programs that may be of interest to you.
Because Company operates globally, and as previously explained, we may share the Personal Data you submit to us with any affiliate anywhere in the world. These entities are required to maintain the confidentiality of your data and are restricted from using it for any purpose other than the purposes set out in this Notice.
We may decide to allow users to share comments, postings, testimonials, or other information. If you choose to submit such information to us, the information that you submit may be available generally to the public. Information that you provide in these areas may be read, collected, and used by others who access them.
Our employees may use personal devices to access our systems containing your Personal Data, thus your Personal Data may be transferred through or to service providers who contract with our employees for cellular data, for example.
We may be required to share your Personal Data in order to comply with a court order, law, or legal process, including to respond to government or regulatory requests. Disclosure may also be necessary if we have reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any of Company’s rights, including against you or a third party, for non-payment, violation of any agreement with us. We may share your Personal Data to protect the safety of Company, our customers or others; or to prevent injury to or interference with, our rights or property, or the rights or property of other Processors or anyone else that could be harmed by such activities.
Considerations for the Transfers of Personal Data
Please note that any person to whom Company may disclose your Personal Data under this Notice may be situated in a country other than your own and that such country may provide a lower level of data protection requirements than your own country. By agreeing to this Notice, you consent to the transfer of your Personal Data to a country other than your own.
As stated above, whenever we transfer Personal Data across borders, we take legally required steps to ensure that adequate safeguards are in place to protect your Personal Data and to make sure it is treated in accordance with this Notice. If you are located in the EEA or the UK, you can request a copy of the safeguards which we have put in place to protect your Personal Data and privacy rights in these circumstances, using the email address provided below.
Company takes reasonable technical and organisational security measures to protect Personal Data from accidental or unlawful destruction, accidental loss and unauthorised access, destruction, misuse, modification or disclosure.
We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
Applicable data privacy laws give rights to individuals in respect of Personal Data that organisations hold about them. If you wish to:
- request a copy of the Personal Data that we hold about you; or
- request that we rectify, delete, or limit the processing of your Personal Data,
please submit your written request via firstname.lastname@example.org.
If you decide that you do not want to receive commercial communications from us, whether by email, telephone or post, you can “opt-out” from receiving such communications by clicking on the “unsubscribe” link provided at the bottom of each commercial email and updating your preferences, or by contacting us at email@example.com.
Accessing and Correcting your Information
Keeping your information accurate and up-to-date is very important. Inaccurate or incomplete information could impact our ability to delivery relevant services to you. Please let us know about any changes that may be required to your personal information via our contact us form.
This Site is not intended for children, and we do not knowingly Process information of children under the age of thirteen (13) without the consent of their parents or legal guardians. In an instance where such information was collected, it would be purely accidental and unintentional.
Changes to this Notice
We reserve the right to modify or amend this Notice at any time by posting the revised Notice on our website. It is your responsibility to review the Notice every time you submit information to us or place an order.
Non-Personal Data Information & Cookies
Non-Personal Data information
Non-Personal Data Information is information that is about you but does not identify you as an individual, either directly or indirectly, such as your browser type, the URL of the previous web site you visited, your internet connection, the equipment you use to access the Site, etc. Company directly or through third parties may automatically collect certain types of Non-Personal Data information from you when you are using the Site. We may also collect Non-Personal Data that you voluntarily provide, such as information included in response to a questionnaire or survey.
We may share Non-Personal Data with other third parties that are not described above. When we do so we may aggregate or de-identify the information so that a third party would not be likely to link data to you, your computer, or your device. Aggregation means that we combine the Non-Personal Data of numerous people together so that the data does not relate to any one person. De-identify means that we attempt to remove or change certain pieces of information that might be used to link data to a particular person.
Except for any Personal Data Company may collect from you as described in this Notice, any material, information or other communication you transmit, upload or post to the website or email to Company (“Communications”) will be considered non-confidential and non-proprietary. Company will have no obligation to preserve the confidentiality or refrain from disclosing Communications. Company will have no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, tests, product ideas, suggestions or enhancements, as well as anything embedded therein for any and all commercial or non-commercial purposes.
Social media features
Questions and complaints
If you have a concern or complaint about how Company has used your Personal Data, as a first step, you should raise this in writing with Company, using firstname.lastname@example.org.
If you are not satisfied with the handling of your concern or complaint by Company, you can escalate this to your national Data Protection Authority.
Last Updated May 2018
A party that determines the purposes and means of data processing.
Data Protection Authority
The relevant supervisory authority with responsibility for privacy or data protection matters in the jurisdiction of Company and/or aaffiliate;
European Economic Area (EEA)
The EEA includes all European Union member states and Iceland, Liechtenstein and Norway.
Information which relates to an identified or identifiable individual (i.e. data about Company employees, contractors, applicants, employees of vendors and suppliers, contractors, customers, patients using our products and individuals who use our website or service centres). It includes names, addresses, email addresses, job applications, user account information, and correspondence. Personal Data can also include web browsing information (e.g. data associated with a particular cookie) and IP addresses, when such information can be linked to an individual.
Doing anything with Personal Data; this includes collecting it, storing it, accessing it, combining it with other data, sharing it with a third party, or even deleting it.
Last Updated May 2018