Privacy Shield Policy

This Privacy Shield Policy (“Policy”) describes how McDonough Corporation and its subsidiaries and affiliates in the United States (“US”) (“Company,” “we,” or “us”) collect, use and disclose certain personally identifiable information that we receive in the US from the European Economic Area (“EEA Personal Data”). This Policy applies to the following US affiliated entities: Marmac, LLC; McDonough Construction Rentals, Inc.; L.J. Smith, Inc.; Colonial Millworks, Ltd.; and Titan Stairs & Trim, Inc. This Policy supplements our Website Privacy Policy located at https://www.mcdonoughcorp.com/privacy-policy, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Website Privacy Policy.

McDonough Corporation recognizes that the EEA has established strict protections regarding the handling of EEA Personal Data, including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data about corporate customers, suppliers and business partners received in the US, McDonough Corporation has elected to self-certify to the EU-US Privacy Shield Framework administered by the US Department of Commerce (“Privacy Shield”). McDonough Corporation adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.

For purposes of enforcing compliance with the Privacy Shield, McDonough Corporation is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov. To review McDonough Corporation’s representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at https://www.privacyshield.gov/list.

Personal Data Collection and Use

We may receive the following categories of EEA Personal Data in the US: name, address, email address, telephone number and other identifiers by which users of our website may be contacted online or offline. We process EEA Personal Data for the following purposes: to present our website and its contents to users; to provide corporate customers, business partners and suppliers with information, products and services that they request from us; to notify website users about changes to our website and our products and services; to allow website users to participate in interactive features of our website; and for any other purpose for which our website users, corporate customers, business partners and suppliers provide consent. McDonough Corporation will only process EEA Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes the individual later authorizes. Before we use your EEA Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. McDonough Corporation maintains reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete and current.

Data Transfers to Third Parties

Third-Party Agents or Service Providers. We may transfer EEA Personal Data to our third-party agents or service providers who perform functions on our behalf, including: to our affiliates; to our contractors and service providers we use to support our business functions; to a buyer or other successor in the event of a merger, restructuring, reorganization or sale of our assets; to fulfill the purpose for which the EEA Personal Data was provided; for other purposes disclosed by us when the EEA Personal Data was provided; and with consent. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA Personal Data that we transfer to them.

Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your EEA Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Security

McDonough Corporation maintains reasonable and appropriate security measures to protect EEA Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction in accordance with the Privacy Shield.

Access Rights

You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment or deletion of your EEA Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints

You can direct any questions or complaints about the use or disclosure of your EEA Personal Data to us at 21050 North Pima Road, Suite 100, Scottsdale, AZ 85255, attention: Shannon Overcash, General Counsel or Matthew Beverage, Director of IT. You may also contact us via email at: sovercash@marmac.net or mbeverage@marmac.net. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EEA Personal Data within 45 days of receiving your complaint. For any unresolved complaints, we have agreed to cooperate with JAMS as our independent third party dispute resolution provider. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV 89169, attention: Mara E. Satterthwaite, Esq. or visit https://www.jamsadr.com/eu-us-privacy-shield for further information and assistance.

Binding Arbitration. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with McDonough Corporation and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Contact Us

If you have any questions about this Policy or would like to request access to your EEA Personal Data, please contact us as follows: McDonough Corporation, 21050 North Pima Road, Suite 100, Scottsdale, AZ 85255, attention: Shannon Overcash, General Counsel or Matthew Beverage, Director of IT. You may also contact us via email at: sovercash@marmac.net or mbeverage@marmac.net.

Changes To This Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.

Effective Date: May 18, 2018

Last modified: May 29, 2018