Privacy Notice

JM Fahey Construction Website

Privacy is a fundamental right, and JM Fahey Construction (“We”, “Us”, “Our”) have drafted this privacy notice (the “Privacy Notice”) to inform the visitors (“You”, “Your”) to this website (the “Site”) on how We handle Your Personal Information (defined below). This Privacy Notice outlines the legal basis on which We process Your Personal Information and provides other information as required by privacy laws and regulations around the world.

You are strongly encouraged to read this Privacy Notice so that You may understand Our use of Your Personal Information, Our obligations to You, and Your privacy rights.

1. Consent

BY ACCESSING AND/OR USING OUR SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE

Except as required or permitted by applicable data protection laws, We will not collect, use or disclose Your Personal Information for any purpose for which You refuse Us consent or later withdraw Your consent. You may at any time withdraw Your consent with future effect, and without affecting the lawfulness of processing Your Personal Information based on the consent You provided before You withdrew it.

If You withdraw consent, You agree that despite this withdrawal We may continue to use the Personal Information previously provided to Us (i) to the extent that We are contractually obligated to do so, (ii) to the extent necessary to enforce any contractual obligations You may have to Us, and (iii) for any other legitimate purpose (including fraud prevention) permitted by applicable data protection laws. If You withdraw Your consent to use and disclose this information, We may no longer be able to communicate with You, including any request that We provide You with Our services (“Services”), consider any offer of goods or services from You, or consider Your application for employment.

2. What is Personal Information?

“Personal Information” is broadly defined to include all information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. Personal Information could be as simple and direct as Your name, but it could also be less explicit like how You interacted with the Site or an advertisement.
See Section 8 below for additional details regarding the Personal Information that we collect.

3. Why We Collect Personal Information

We only collect the Personal Information that We need, and We only use it in the ways We’ve specifically set out in this Privacy Notice. The Personal Information We collect depends on how You’ve interacted with Us and the Site. We collect Personal Information from You for four central reasons:

To respond to You, after You have made initial contact with Us when making an inquiry, sharing a comment, concern, or complaint, or applying for a job with Us;
To provide You with Services, such as to review Your inquiries; process, maintain, and respond to Your inquiries; and to provide You with Services that We think You’ll like based on any request that You have made;
For advertising of Our Services; and,
For analytics, such as to understand how visitors, including You, use the Site and to improve the Site.

4. How We Collect Personal Information

The Personal Information that We collect varies depending on the nature of and reason for Your interaction with Us and the Site. We collect Personal Information:
when You access the Site or seek information regarding Our Services, solicit Us for the provision of Services, or enquire about or pursue employment opportunities posted on Our Site;

when You submit materials or information directly to Us;
when You connect with Us through social media; and,
when We leverage or collect cookies, device IDs, location data from the environment, and other tracking technologies.

5. Who is Your Data Controller?

We are the data controller for the processing activities described in this Privacy Notice.

6. Legal Basis of Processing

We process Your Personal Information because such processing is necessary for:

exercising Our rights and performing Our obligations under any contract We make with You;
compliance with Our legal obligations; and,
legitimate interests pursued by Us, which generally involves the efficient performance and management of Our business relationship with You.

7. What Personal Information Do We Collect?

(a) Categories of Personal Information Collected

This Privacy Notice does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Us or any third party (including Our affiliates and subsidiaries); or
Any third Party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Within the last twelve (12) months, We’ve been provided with the following categories of Personal Information from visitors to the Site:

Identifiers and contact information, including Your name, mailing address, personal and work phone numbers, personal and work email addresses, and other similar information;
Device and Internet activity information, including information about Your computer and browsing activity. This information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. It may also include information related to when and how You access and use Our
Site, such as the date and time of Your visit, how You navigate and what You search for using Our Site, the Site’s pages, and items You view using Our Site; and,
Professional or employment-related information, including for employment candidates, current or past job history or performance evaluations.

If You have any questions about the information We collect, please reach out to Us at info@jmfahey.com.

(b) Marketing Communications

Marketing Communications include electronic promotional materials or information. This would include emails and text messaging that may require compliance with certain laws. For example, CAN-SPAM generally requires businesses to give recipients a clear and easy-to-find-way to unsubscribe to emails and to obtain explicit prior consent before texting for marketing purposes.

If You submit a request to be contacted on the Site, or an application for employment, You’re consenting to receive electronic promotional materials or information (referred to as Commercial Electronic Messages or “CEMs”). You may withdraw Your consent to the receipt of CEMs at any time.

(c) Cookies and Device Identifiers

Please see Our Cookies Notice.

(d) Site Usage Information

Like most websites, this Site gathers traffic patterns, site usage information and other aggregated data in order to evaluate Our visitors’ preferences and the effectiveness of Our Site. This aggregate usage data does not identify You individually. We may share anonymous, aggregated statistics about visitors to Our Site with others outside Our company, or We may allow third-parties to collect aggregate data through Our Site.

We do not control third parties’ tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly.

(e) Do Not Track Requests

We currently do not respond to Do Not Track (DNT) signals.

8. How We Share Your Personal Information

We do not sell Personal Information and have not done so in the past twelve (12) months. We may disclose Your Personal Information at Our sole discretion, however, Our policy is to not share Your Personal Information, except:

(a) to third parties performing clearly-defined sub-processing functions on Our behalf (such as analyzing data, providing marketing assistance, providing recruitment assistance, providing search results and links, and verification of data provided by You). Any processing of Your Personal Information by these sub-processors will be protected by an agreement regarding privacy and data security;

(b) where We are required by law to disclose Personal Information; in connection with any legal proceedings or prospective legal proceedings;

(d) to the purchaser (or prospective purchaser) of any business or asset which We are (or are contemplating) selling. We will require any person or entity to whom We provide Your Personal Information to agree to comply with Our then current Privacy Notice. We will take reasonable commercial efforts to ensure that they comply with Our Privacy Notice;

(e) to any parent, subsidiary or affiliate entity within the Our corporate family, partner entities, and the vendors and service agencies that We may engage to assist Us. and,

(f) in the event of a transfer of ownership or assets, or a bankruptcy, of JM Fahey Construction or any of its affiliates.

9. How We Protect Your Information

To protect Your Personal Information against accidental or unlawful destruction, loss, use, or alteration and against unauthorized disclosure or access, We use commercially reasonable physical, technical and organizational security measures. However, please be advised that even the best security measures cannot fully eliminate all risks, and We cannot therefore guarantee complete security of Your Personal Information.

10. Your Rights to Access, Portability, and to be Forgotten

It is Your responsibility to update Your Personal Information held in Our system.

If You make a request to exercise any of Your rights, We will honor Your request within thirty (30) days. If We need more time, We will notify You as soon as possible.

Before You receive the disclosure, We must be able to identify You. Accordingly, You are required to provide sufficient proof of Your identity to ensure the safety and security of Your Personal Information. We will not provide to You, edit, or delete Your Personal Information if We cannot verify Your identity or authority to make the request. You must also describe Your request with sufficient detail to allow Us to properly understand, evaluate and respond to You. If We deny or partially deny Your request, You have a right upon written request to receive the reasons as to why Your request was not fully granted.

To exercise the access, data portability and deletion rights described above, please submit a valid consumer request to Us at info@jmfahey.com.

(a) Your Right to Access

The disclosure of information will be provided to You free of cost. If Your access request is manifestly unfounded or excessive, in particular because of the requests repetitive character, then We may levy a charge to cover Our administrative expenses.

We reserve the right to decline Your request where the information requested:

would disclose Personal Information of another individual or of a deceased individual;
is subject to legal privilege;
is personal health information that was not provided to Us directly by the individual requesting access;
is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
does not exist, is not held, or cannot be found by Us, could reasonably result in serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or,
may harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions.

We also will not disclose the Personal Information where a law of Your country, state, province, or other subnational entity would bar such disclosure. We will refuse repetitious or vexatious requests for access.

(b) Your Right to Data Portability

If We provide You access to Your Personal Information, We will provide it to You in a structured, commonly used, and machine-readable format. If You made Your request electronically, We will provide access in electronic form unless You request otherwise. Your request may also be delivered by mail. This format will be, to the extent technically feasible, in a readily usable format that allows You to transmit this information to another entity without hindrance.

(c) Data Retention and the Right to be Forgotten

We do not hold onto Your data forever. Instead, Our default is to retain Your Personal Information:

until it is no longer necessary for the purposes for which it was collected or otherwise processed as determined in Our sole and absolute discretion;
to comply with legal obligations (such as retention obligations under employment, tax or commercial laws); or
until You request that We delete it.

If You make a deletion request in accordance with this Section 13, We will delete (and direct Our service providers to delete) Your Personal Information from Our records, unless We or Our service providers must retain Your Personal Information to:

complete the enquiry for which Your Personal Information was collected, provide a Service that You requested, take actions reasonably anticipated within the context of Our ongoing business relationship with You, or otherwise perform Our contract with You;
detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us;
comply with any legal obligation; or,
make other internal and lawful uses of that information that are compatible with the context in which You provided it.

11. Third-Party Links

Our Site may provide links to other third-party websites that are outside of Our control and not covered by this Privacy Notice. We are not responsible for the availability, content, or accuracy of third-party policies, nor are we responsible for the privacy practices of other websites, products, services, or goods that may be linked to Our Site. We encourage all users of Out Site to review the privacy policies posted on these (and all) websites.

12. Disclaimer

We make no warranties or representations about the accuracy or completeness of this Site’s content. This Site and the materials, information, Services and products in this Site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained in the site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In addition to the above, You (and not Us) assume the entire cost of all necessary servicing, repair or correction.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to You.

13. Limitation of Liability

In no event shall We be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if We have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, Services, products, and material available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.

14. Indemnification

You agree to indemnify, defend, and hold Us harmless, and Our officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to Your Internet account (including, but not limited to, negligent or wrongful conduct), by You or any other person accessing the Site using Your Internet account.

15. We May Change this Privacy Notice

In order to maintain or enhance the Services We provide to You it might be necessary to change this Privacy Notice from time to time. We reserve the right, in Our sole discretion, to modify this Privacy Notice at any time, subject to applicable data protection laws. Please visit the Site from time to time for the latest version of this Privacy Notice. By accessing or using the Site, You automatically consent to the terms and policies set forth in Our current Privacy Notice.

16. Data Privacy Contact

If You have any questions regarding this Privacy Notice or Our privacy practices or its subprocessors, or if You require assistance to withdraw Your consent to Our processing of Your Personal Information or wish to request that Your Personal Information be deleted, please contact Us by sending an email to info@jmfahey.com or writing to Us at 408 Highgrove Rd, Grandview, MO.