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Privacy Policy and Notice

Last Modified: November 2024

Myers Industries, Inc., its subsidiaries and affiliates (collectively, “Myers,” “us,” “we,” or “our”) processes information about you as described in this Privacy Policy and Notice (“Notice”). This Notice contains details about how Myers collects, uses, stores, and shares personal information and how you can exercise your privacy rights.

Applicability

This Notice applies to Personal Information (defined below) about individuals with whom we interact in the conduct of our business, such as individuals who visit our website or who are employed by or associated with one of our vendors, customers, or other business partners. This Notice does not apply to employees or contractors of Myers and does not apply to job applicants to Myers.

Changes to this Notice

Myers may update this Notice from time to time at our sole discretion. All changes are effective as soon as they are posted and your continued use of this website and interactions with Myers are subject to the most current version of this Notice.

Types of Personal Information We Collect

Personal Information refers to any information relating to an identifiable natural person. Personal Information also includes information that does not reveal your specific identity or does not directly relate to an individual, but could, when combined with other data, link back to you (collectively, “Personal Information”). Personal Information does not include information that has be de-identified with all identifying information removed and is not capable of being re-identified to you.

The Personal Information that Myers currently collects includes:

  • Personal identifiers, such as your name, company, job title/specialty, organization type, email address, mailing address, shipping address, billing address, phone number, fax number, SMS messages or messaging, credit card and other payment-related information, and Internet Protocol (IP) address.
  • Your internet or other electronic network activity and usage information, such as information about your website use (including clickstream information including which Myers page was visited and how much time was spent on the page and search history), information regarding your interactions with Myers (including online, by mobile application, and through advertisements), network routing information (where you came from), equipment information (browser type or device type), date and time, general geolocation information, aggregate usage, and performance data.
  • Your interaction and purchase history and tendencies with Myers, such as invoice history, details of your online inquiries and contracts with Myers, conversations and correspondence you may have with Myers sales representatives, and details of your purchased products/services.
  • Customer records, such as paper and electronic invoices and purchase orders and other records that contain Personal Information such as names, signatures, addresses, or employment information.
  • Employment information, such as information about your employer, company, job titles, employment history, and contact information.

Myers will not seek to collect certain types of sensitive or protected personal data from you, which includes but is not limited to racial or ethnic origin, physical or mental health, and religious beliefs. Myers also does not collect biometric information, audio or visual information, or education information.

Myers does not collect all of the above types of information in all cases. Myers may also collect information in an anonymized or aggregate format (in a way that does not identify you) and which is not subject to this Policy.

How We Collect Personal Information

We collect Personal Information both directly and indirectly in several ways, including:

  • Information you provide to us directly, such as in person, in an email or letter, in a phone conversation, an invoice, quote, or contract, or on a web based or other contact submission form.
  • Information you provide to us directly through “opt-in” or other automated services.
  • Information automatically collected through the use of technologies such as cookies, web beacons, electronic communication protocols, or widgets, buttons, and tools.
  • Publicly available information and information from third parties, such as commercially available sources, vendors and third-party services providers. For example, by providing your information to, and participating in, a trade show or similar event, your Personal Information may be provided to us indirectly through the organizers of the event or through business analytics and reporting providers such as QlikView.

We may combine information that we receive from the different sources described above; for example, we may create a profile based on Personal Information provided directly from you and input information regarding your interaction history with sales representatives into that profile.

Lawful Bases for Processing Personal Information

Our lawful basis for processing the Personal Information described in this Notice depends on the type of Personal Information and the specific context in which we collect it.

We will normally process your Personal Information from you only (1) where you have provided your consent for us to do so, (2) where we need the Personal Information to perform a contract with you or provide services or goods to you that you have requested, or (3) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process your Personal Information.

You are able to revoke your consent given to us for the use of your Personal Information at any time. You can do this by contacting us using the information in the “Your Privacy Preferences and Our Contact Information” section below, or by replying “STOP” to cancel if you’ve opted-in to SMS messaging alerts. Please note that even if you revoke your consent, we may continue to use your Personal Information if we have a separate lawful basis for doing so other than your consent.

How We Use Your Personal Information

We may use your Personal Information in several ways, including:

  • To enable interactions between you and Myers, such as to facilitate your purchase or sale of goods and services and generally to conduct our business, to process payment for your purchases, to support you and the organization with which you are associated in your interactions with Myers, to provide requested product or price information, to communicate with you about past, future, or existing orders, and to respond to your requests and inquiries.
  • For our own internal business purposes, such as to help us tailor our services to you and other customers, improve or evaluate the use, performance, and safety of our programs, systems and technologies, to evaluate and improve the quality of your user, customer or vendor experience, to design new products and services, to conduct data analysis and testing, and to maintain proper business and other relevant records.
  • For legal, safety, or security reasons, such as to comply with legal requirements, to protect the safety, property, and rights of Myers, those who interact with Myers, and others, including in emergency situations, to enforce or apply our terms of use and other agreements, and to detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
  • For marketing, such as providing information on new and existing Myers products and services, to enhance our content, and to send you marketing communications regarding our products and services.
  • For any other purpose that is compatible with the foregoing for which we have a legal basis or for which you provide consent.

You may opt-out of receiving certain communications, such as marketing communications from Myers, at any time by using the information in the “Your Privacy Preferences and Our Contact Information” section below, or by replying “STOP” to cancel if you’ve opted-in to SMS messaging alerts.

Security and Retention

Myers uses appropriate technical and organizational measures to protect your Personal Information that we store and process. The measures we use are designed to provide a level of security appropriate to the risk associated with processing your Personal Information. Unfortunately, no transmission or storage system can be guaranteed to be 100% secure. Therefore, we cannot guarantee its absolute security and we do not warrant that your Personal Information will not be subject to unauthorized uses or disclosures.

Myers will retain your Personal Information for as long as needed based on the following criteria:  to provide you with the products or services you have requested, as needed for the purposes outlined in this Notice or at the time of collection, as necessary to comply with our legal obligations (for example, to comply with opt-out requests), to resolve disputes and enforce our agreements, or to the extent permitted by law.

With Whom We Share Your Personal Information

Myers does not sell, trade, rent your Personal Information. Nor does Myers share your Personal Information for targeted or cross-context behavioral advertising. We may share your Personal Information with other persons or entities, including the categories of recipients described below:

  • Affiliates and subsidiaries: Corporate parents, affiliates, subsidiaries, business units, and other companies that share common ownership with Myers;
  • Third-Party Service Providers/Vendors: Third-Party service providers and vendors working on behalf of Myers to facilitate an interaction with Myers that you request or to support our relationship with you and the organization with which you are associated, including but not limited to, IT systems and service providers, website hosts, data analysis, marketing providers, shipping/order fulfillment, email distribution, CRM, promotions management, and billing and payment processing. We provide these companies with only the information they need to perform their services and work with them to ensure that your privacy is respected and protected;
  • For legal, security, and safety purposes: Law enforcement or other government agencies to comply with law or legal requirements, to enforce or apply our terms of use and other agreements, and to protect our rights and the property or safety of Myers;
  • In connection with a transaction: In the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition or all or any portion of our business, assets, or stock (including in connection with any bankruptcy or other similar proceeding); and
  • Your employer or coworkers: If you interact with Myers in connection with your employment, we may share Personal Information with other individuals designated by your organization.

Limitation of Liability for Third-Party Sites and External Links

This Notice does not address, and we are not responsible for, privacy, information, or other practices of any third parties, including any third party operating any website or service to which Myers’ website may link, including those embedded in third-party advertisements or sponsor information. We strongly suggest that you review the privacy notices, statements, or policies of those organizations to understand how your Personal Information may be processed by those organizations.

Cookies and Advertising Technologies

Like many companies, Myers uses “cookies” and other similar technologies to recognize or track visitors to a website such as web beacons, tracking pixels, clear gifs, as well as third-party advertising networks and website analytics such as Google Analytics, Google AdWords, and others which are subject to change from time to time at our sole discretion without notice (collectively, “Cookies”).

What Are Cookies?

A Cookie is a small text or graphic file which is placed on your device if your web browser permits containing a unique identifier.

Cookies set by the website owner (in this case, Myers) are called “first-party cookies”.  Cookies set by parties other than the website owner are called “third-party cookies.”  Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics).  The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Cookies on our website are either “session cookies”, meaning that they are automatically erased from your computer or device when you close your browser, or “persistent cookies” that stay in one of your browser’s subfolders after you close your browser. Some cookies are required for technical reasons, called “essential” or “strictly necessary” cookies.

What Do We Use Cookies For?

We use first-party and third-party cookies for several reasons. Cookies help analyze web traffic and are used to improve your user experience by recognizing your browser as a previous visitor and saving any preference that may have been set on previous visits to the website, eliminating the need for repeated entry of the same information. Cookies also help us customize the content and advertisements provided to you on Myers’ website and on other websites, to improve site performance, and to measure the success of email marketing campaigns.

To do this, the following types of information may be collected through the use of Cookies: IP address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your activities on our website, including what you view/search for, as well as the URL you come from and go to next (whether this URL is on our site or not); and cookie number.

How Can You Manage Your Cookies?

You can choose to accept or decline Cookies. Most web browsers automatically accept Cookies unless you modify your setting to decline them. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies. However, please be aware that if you disable or reject cookies, some features and services may not work properly. In addition, the advertisements we provide when you visit us may not be as relevant to you or tailored to your interests.

To learn more about the use of cookies for Google analytics and to exercise choice regarding such cookies, please visit the Google Analytics Opt-out Browser Add-on.

International Transfers of Your Personal Information

When you choose to provide Personal Information to Myers, through our website, through interaction with Myers, through our services, or otherwise, you understand and agree that your Personal Information is collected in the locations and jurisdictions in which Myers is located (which may be outside of your state and national boundaries) including  the United States where Myers is headquartered and any of the countries and locations in which Myers and our third-party service providers maintain web servers or offices.

Your Personal Information may be collected and processed in countries other than the country in which you are a resident. These countries may have data protection and privacy laws that are different to the laws of your country and may not be as comprehensive or protective as those in your country of residence; however, our processing of your Personal Information will at all times continue to be governed by this Notice.

EEA Privacy Rights

For Personal Information of European Economic Area (“EEA”) residents or where EEA data protection laws apply, with certain exceptions and limitations, you may exercise the following rights regarding your Personal Information:

  • Right to Access: You can ask us for a copy of your Personal Information.
  • Change or Correction: You have the right to ask us to change information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Right to Portability: You have the right to ask us to transfer the information you gave us to another organization, or to you, in certain circumstances.
  • Object to, or Limit or Restrict, Processing: You can ask us to stop using all or some of your Personal Information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if it is inaccurate or unlawfully held).
  • Deletion: You can ask us to erase or delete all or some of your Personal Information in certain circumstances (e.g., if it is no longer necessary to provide products or services to you).

To the extent Myers receives any Personal Information from EEA residents it processes Personal Information as a Controller as defined in the General Data Protection Regulation (Regulation EU 2016/679). We will only collect and process Personal Information about you where we have one or more of the lawful bases described in this Notice. Where we rely on your consent to process Personal Information, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you, unless additional time is needed, in which case we will let you know.

You may exercise your rights by submitting a request using the information in the “Your Privacy Preferences and Our Contact Information” section below.

California Residents

Under the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), as modified by the California Privacy Rights Act (the “CPRA”), we are required to notify California residents about our collection, use, and disclosure of their personal information (whether collected through this website or otherwise).  In this section of our Notice, and in accordance with the CCPA/CPRA, “Personal Information” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, including the categories identified in below to the extent they identify, relate to, describe, are capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.

For detailed information on the Personal Information we collect and process please review the “What Types of Personal Information We Collect” section of this Notice. The listed categories include within their scope “sensitive personal information” as that term is defined in the CCPA/CPRA. As such, Myers may collect such sensitive personal information in the course of collecting the information listed in the above categories.

For detailed information on how we use your Personal Information, please review the “How We Use Your Personal Information” and “Lawful Bases for Processing Personal Information” sections of this Notice.

As described in this Notice, Personal Information we process might be shared and disclosed with third parties for business or commercial purposes. For detailed information on third-party sharing in the “With Whom We Share Your Personal Information” section of this Notice.

California law grants certain rights to California residents and imposes restrictions on particular business practices as summarized below. Persons who are California residents have the right to request that we disclose to you what personal information we collect, use, disclose, and sell about you.

Do-Not-Sell.  California residents have the right to opt-out of any sale of your personal information.  Myers does not sell personal information about California residents.

Do-Not-Share. California residents have the right to opt-out of any sharing of personal information with third parties for purposes of targeted or cross-context behavioral advertising. Myers does not share personal information with third-parties for purposes of targeted or cross-context behavioral advertising.

Right to Limit Use: Myers does not collect sensitive personal information about you for the purpose of inferring any characteristics about you.

Verifiable Requests for Copy, Deletion , Correction, and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months (please see ‘Submitting Requests’ below for instructions about how to exercise your rights):

Deletion: The right to request deletion of your personal information that we have collected about you, subject to certain exemptions, and to have such personal information deleted, except where otherwise limited by law;

Copy: The right to request a copy of the specific pieces of personal information that we have collected about you;

Right to Correct: The right to direct, subject to the use of commercially reasonable efforts, the correction of inaccurate personal information that we have collected about you;

Right to Know (Collection): Where we have collected your personal information, you have the right to request that we disclose to you certain information about how we have handled your personal information, including the categories of personal information collected, categories of sources of personal information, business and/or commercial purposes for collecting personal information, and the categories of third parties/with whom we have disclosed or shared your personal information.

We may deny a request if your identity and residency are not verified to our satisfaction or as otherwise permitted by law.  Every request from an individual will be assessed on a case by case basis.  We will not discriminate against consumers who exercise their rights under California law. If your request is denied, we will notify you why in writing. Consistent with how your personally identifiable information is maintained in the ordinary course of our business, we will provide the information in an understandable form, and to the extent feasible in a format that permits you to use the information on other systems. If you are a California resident who wishes to obtain access to or correct, or to direct us to delete, your personal information, please email privacy@myersind.com. You may also call us at 1 888 788 2278.

We will respond to your requests within 45 days, unless additional time (up to 90 more days) is needed, in which case we will let you know.

Texas Residents

Under the Texas Data Privacy and Security Act Notice of 2023 (the TDPSA”) we are required to notify Texas residents about our collection, use, and disclosure of their personal information (whether collected through this website or otherwise). In this section of our Notice, and in accordance with the TDPSA, “Personal Data” includes any information that information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer relating to residents of Texas.

For detailed information on the categories of Personal Data we collect and process please review the “What Types of Personal Information We Collect” section of this Notice. The listed categories include within their scope “sensitive data categories” as that term is defined in the TDPSA. As such, Myers may collect such sensitive personal data in the course of collecting the information listed in the above categories.

For detailed information the sources from which we collect Personal Data, please review the “How We Collect Personal Information” section of this Notice.

For detailed information on how we use your Personal Data, please review the “How We Use Your Personal Information” and “Lawful Bases for Processing Personal Information” sections of this Notice.

As described in this Notice, Personal Data we process might be shared and disclosed with third parties for business or commercial purposes. For detailed information on third-party sharing in the “With Whom We Share Your Personal Information” section of this Notice.

Persons who are Texas residents have the right to request that we disclose to you what personal data we collect, use, disclose, and sell about you as follows:

Right to Access: You have the right to confirm what Personal Data we are processing on you and to access the Personal Data, including:

  • The categories of Personal Data;
  • The categories of sources from which the Personal Data is collected;
  • The business or commercial purpose for collecting or selling Personal Data and/or sensitive Personal Data;
  • The categories of third parties to whom we disclose Personal Data; and
  • The specific pieces of Personal Data we have collected about you.

Right to Correct: You have the right correct inaccuracies in your Personal Data, considering the nature of the Personal Data, and the purposes for processing your Personal Data.

Right to Delete: You have the right to request the deletion of your Personal Data that we have collected about you, subject to certain exceptions.

Right to Data Portability: You have the right to request a copy personal data, if it exists in a digital format that you previously provided to us. We will provide the copy to use in a portable, and to the extent technically feasible, readily usable format that allows you to transfer the data to another Controller without hindrance.

Right to Opt-Out of the Selling Personal Data: You have the right to opt-out of the selling of your Personal Data for the purposes of targeted advertising, the sale of your Personal Data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you. Myers Industries, Inc. does not sell Personal Data.

We do not use sensitive Personal Data about you for purposes other than those specified in the TDPSA and this privacy notice.

If you are a Texas resident or their authorized agent who wishes to obtain access to or correct, or to direct us to delete, you may exercise your rights by submitting a request using the information in the “Your Privacy Preferences and Our Contact Information” section below.

We may deny a request if your identity and residency are not verified to our satisfaction or as otherwise permitted by law. Every request from an individual will be assessed on a case-by-case basis. We will not discriminate against consumers who exercise their rights under Texas law. If your request is denied, we will notify you why in writing. If we deny any of your rights granted by the TDPSA, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please include ‘Appeal’ in the subject line, along with the prior request and related communications. We will notify you in writing of any action taken or not taken in response to your appeal not later than the 60th day.

We will respond to your requests within 45 days, unless additional time (up to 45 more days) is needed, in which case we will let you know.

Children’s Privacy

Myers’ interactions are not directed at, marketed to, or intended for individuals under the age of 13 years. Myers does not knowingly collect any information, including Personal Information, from individuals under 13 years of age. If a parent or guardian believes that their child has provided us with his or her Personal Information without their consent, please contact us using the information in the “Your Privacy Preferences and Our Contact Information” section below.

Your Privacy Preferences and Our Contact Information

Myers enables you to opt-out of marketing communications. If you no longer wish to receive marketing communications from Myers you can opt-out at any time by emailing privacy@myersind.com with “unsubscribe” in the subject line, or by replying “STOP” to cancel if you’ve opted-in to SMS messaging alerts.

To exercise your rights regarding your personal information, or if you have questions regarding this Privacy Notice or our privacy practices please contact us by emailing privacy@myersind.com. You may also call us at 1 888 788 2278.

Please note that when you submit a request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or, if you have set up an account on our website, we may ask you to sign into your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request when we are satisfied that we have verified your identity to a reasonably degree of certainty.