GLOSARY
Privacy Policy: This notice states the policies adopted by FIMO LLC followed to inform clients and public in general about the manner in which FIMO LLC has access to their Personal Data and how it treats it.
Content: Text, images, videos, audio clips, software and any other kind of information that can be generated, provided or found on or through the Site.
Personal Data: Also called “Personal Information”. Any information concerning an identified or identifiable individual.
Sensitive Personal Data: Personal Data that concerns the most intimate information of its owner which, when misused, can lead to discrimination or risk to its owner. Particularly, it will be considered as sensitive when it can reveal aspects as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinion or sexual preference.
FIMO LLC Parties: Subsidiaries, controlling entities and successors, as well as each of its employees, assignees, staff members, advisors, agents and directors of FIMO LLC.
Site: The website: www.fimo-steel.com
FIMO LLC: FIMO STEEL, also referred as “we” or “us”.
Terms and Conditions: These terms and conditions, which set forth the rights and obligations that the User or Non-Registered Visitor has or must comply, respectively, when having access to the Site.
User: Also referred to as “you” or “owner”. Anyone that has provided information requested by the Site in order to have access, therefore subject to the rights and obligations set forth in these Terms and Conditions could be different from a Non-Registered Visitor’s.
Non-Registered Visitor: Can also be called as “You”. Anyone that is not a User, but can have limited access to the Site, without having provided the necessary information to be considered as a User.
Services: The set of services provided by FIMO LLC to Users, Non-Registered Visitors and third parties, which include, without limitation, offering fabrication and distribution of high-quality structural steel products throughout the United States. From Engineering and detailing to fabrication fabrication and distribution of high-quality structural steel products throughout the United States, from engineering and detailing to fabrication and erection of structural steel and steel decks, the company’s mission is to service the steel requirements of large industrial, commercial and institutional users.
Site Access: The action by which a User or Non-Registered Visitor, trough a specific domain name and internet address, enters or accesses the Site and is able to browse through the Content included on the Site.
1.TERMS AND CONDITIONS OF FIMO LLC’S WEBSITE
FIMO LLC, wishes to enable its clients and public in general access to the products and Services it offers and any other related information. FIMO LLC owns and manages the Site in which You may find information about our products and Services. These Terms and Conditions describe the rights and obligations that a User or Non-Registered Visitor has on the Site in connection with the intended use. When accessing or using the Site in any way, including visiting the Site as a Non-Registered User, you accept to be bound by these Terms and Conditions, as well as our Privacy Policy, which is available on the Site. These Terms and Conditions apply only for the Site use and for the Content available on or through the Site. If you use or have access any of our physical spaces, restricted access web-based services (e.g. those requiring login), the agent or program or other services provided, the use that You give to that space, Services or programs will be subject to the terms and conditions you received or accepted when you signed up to that space, Services or program.
From time to time, we may make amendments or additions to the Site or to these Terms and Conditions with the aim to provide User or Non-Registered Visitor with a better management or browsing, as well as greater security in Personal Data management. The continuous use of the Site after publication of any kind of change to the Terms of Use or the Privacy Policy is done will carry the acceptance of the changes made. FIMO LLC will seek that the information contained in the Site is correct and updated, though errors or inaccuracies may occur involuntarily.
FIMO LLC may deny or suspend Site access or use to Users, at its own discretion, without prior notice and without any limitations, for any reason.
User Access. Due to the Some Services that the User can access through our websites may require passwords in order to verify.
User’s identity. User acknowledges and agrees that the operations in which passwords may be required will be taken as validly performed by the User. Accordingly, User will be the only responsible to maintain confidentiality and security of those passwords.
Eligibility. The Site and the Services described are available only for people over 18 years old, unless otherwise noted. No person under 18 years old should have access or use the Site or should be able to provide personal information through the Site.
Content. Content is provided by our licensors and Us. Copyright and Industrial and Intellectual Property Laws of the United States of America protect the Content and the Site. We and/or our licensors are holders of the property rights arising or contained in the Site and the Content available on or through the Site, and, unless as expressly provided in these Terms and Conditions, no right over Content will be granted. FIMO LLC may only grant any right over the Content in writing, meeting all necessary formalities.
Subject to these Terms and Conditions, we grant each User a universal use license, not exclusive, not sub-licensable and non-transferable (e.g. local download or display) of the Content exclusively and only for viewing, browsing and using the Site. All content is only for general informative purposes. FIMO LLC performs monitoring, elimination, edition, modification of Content, at our absolute discretion, being able to do the foregoing or any similar action at any moment and for any reason. Therefore, FIMO LLC reserves the right of acting in the manner it deems convenient.
No Warranties; Limitation of Liability. To the maximum extent permitted by law, Through Site Access or using any of our space, You hereby waive all warranties and provisions, expressed or implied, in relation to the Site, Content or Services (including third-party Services) on or accessible through the Site, including commerce warranties or provisions, particular purpose adaptation, title and non-violation and any implicit warranty, or those that can arise during a negotiation, enforcement or commercial use. In no event shall FIMO LLC Parties be liable for an agreement, tort, strict liability, negligence or any other legal or equity theory in relation to the Site for (a) indirect, special, incidental, punitive, compensatory or consequential damages of any nature (which may arise) or (b) for damages that exceed (in total) $100 USD.
Liability. FIMO LLC shall be released from any criminal, civil or administrative liability derived from:
Virus or similar in the Services offered in the Site
Third-parties misuse of the information that may be received, generated, sent or saved in the websites.
Lack of availability or continuous operation of the Site and the Services offered or proportioned by FIMO LLC.
Miscellaneous Provisions. Terms and Conditions established herein shall be governed and interpreted in accordance with United States of America Laws. These Terms and Conditions represent the integrity of the agreement between FIMO LLC and Users or Non-Registered Visitors regarding the Site, and replaces and consolidates any existing agreement and communication. If any of the provisions of these terms and conditions is considered invalid or unenforceable, such provision shall be limited or eliminated in the minimum extent possible for these Terms and Conditions to remain fully valid, effective and enforceable. Any waiver of these Terms must be provided in writing. Any breach of any party to exercise its right under these Terms and Conditions at any moment during a certain period will not be construed as a waiver to any such rights.
Contact. For any question, complaint or claim regarding the Site, you can contact us at: Website Feedback, in attention to FIMO LLC, at 810 Texas Avenue, El Paso, Texas 79901 or to: info@fimo-steel.com
2. PRIVACY POLICY OF FIMO LLC’S SITE
The protection of your Privacy, including your Personal Data, is important for us. FIMO LLC, S.A de C.V. is committed to maintaining your trust and protecting your Personal Information collected as well as its use.
This Privacy Policy describes how FIMO LLC’s management team and its affiliates gather, use and disclose your personal information regarding any website, app or other service that makes reference or is otherwise linked with this Privacy Policy in order to carry out the Services.
Read carefully this Privacy Policy before using our Services. You shall not use our Services if you do not feel comfortable with the provisions of this Privacy Policy. Use of our Services constitutes your consent regarding this Privacy Policy and its use and disclose of your Personal Data and other such information as established in the present document.
In the event the content of this Privacy Policy is available in several languages, the English version will be the authorized version.
Consent.
The Owner, considering that through the site has had access to this Privacy Policy (a) acknowledges this Privacy Policy, (b) consents to the treatment that its Personal Data and other related information will receive and (c) also consents to FIMO LLC or FIMO LLC’s Parties to transfer Personal Data in the terms established in the corresponding section.
Regarding personal financial and asset information, as well as Sensitive Personal Data, FIMO LLC will require your express written consent separately in order to use them.
Collected Personal Information.
We gather different types of Personal Data, which are related to the Services offered by FIMO LLC, namely:
- Information provided directly by you.
- Information obtained from your device(s) and from the use of our Services, including Cookies, Web Beacons and other Internet technologies.
- Information provided by third parties.
Personal Information provided directly by you.
We collect information and content of different kinds provided by you directly to us. In order to register as a member or to access some of our Services, you will be asked to provide your name, phone number, email address, postal code and, in some cases, the name of the company or organization. We also collect other kind of content and information, including those that can be added to your member’s network and any other community profile and photographs, or any other information or documents that you send or provide, as well as the communications transmitted through our networks. We gather the provided billing and payment information when you access to some of our Services or when you purchase products or Services. Likewise, we collect information that you provide us when participating in our surveys, draws or events. If you do not provide us with the requested information, we may not be able to provide the Services in their entirety.
To the extent you reveal any other type of Personal Information of other person, we assume that you have authorization from such person for its personal information disclose, as well as its treatment in terms of the provisions established in this Privacy Policy.
Information from your device(s) and Service use.
We gather information regarding the use you give to our Services and, depending the access permissions of your device, other information as established hereafter, which comes and is about computers, mobile phones and other devices in which you install or access our Services. We use standard internet technologies, such as Cookies and Web Beacons to collect information regarding your computer or device and your online activity, as explained with more details in the Cookies section.
Information we gather in such regard is:
- Type of browser and operating system.
- IP address and device identifiers.
- Your browsing behavior in our Services, as well as the amount of time you spend consulting our online Services and the links you click inside our online Services.
- Websites you visit before or after our site.
- If you opened or forwarded our emails or checked the offers or links that sent by us.
- Your general or specific geographical location, through GPS signals, Bluetooth or Wi-Fi, to the extent that the settings of the devices allow it.
If you use our internet connection, networks, telecommunications systems or information processing systems, your activity and any other file or text can also be supervised by FIMO LLC at any moment in accordance with applicable law, to ensure compliance of the company’s policies.
Information provided by third parties.
We collect information about you through your company or organization, even when they create or complement your profile for you in the member network. You can review and modify this profile by submitting written request to: info@fimo-steel.com
We also receive information about you from public access sources and commercially available and other third parties permitted by applicable law. We can combine this information with any other information we gather of and about you when its necessary to provide the requested Services.
Information provided by under-aged.
Services are not focused on individuals under 18 years of age and we do not collect deliberately personal data from any person under 18 years of age. In the event that different age limits are applied, we will comply with them.
Personal Data use and management purposes.
Personal Data we collect when necessary and properly will be used for the following purposes:
- To provide our products and Services. We will use your personal information to provide you our products, Services and the features that you and your company or organization request; to answer the questions we receive from you or from your company or organization; to verify your identity; regarding any transaction you or your company or organization started; to deliver notices and other operative communications; as well as for any problem solving; to comply with the obligations that arise from any judicial and commercial relationship related with the Services provided.
- To improve our products and Services and to analyze the manner in which the Users browse and use our products and Services, as well as the individual features
- To manage the efficiency of our products and Services.
- For auditing and local, state or federal authorities report filing purposes, plus to perform accounting and administrative tasks to enforce or manage legal claims.
- To send advertising and promotional papers, subject to any kind of legal required consent, which will be treated at the appropriate time. The foregoing includes that we can contact you periodically with offers and information of our products, Services, benefits and events; send you newsletters or any other type of information about topics of your interest; perform online surveys and promote our products, Services, benefits and events in any other way. We can also send direct advertisement to you, inside or outside our Services.
- For safety reasons and in order to protect, assert or defend legal claims, privacy, security or property, of our employees or of FIMO LLC and its Parties, agents or other persons, and to ensure compliance with FIMO LLC’s policies and to comply with applicable law and government petitions.
- To indicate that it will be used for any other related purposes.
While using our Services, you will see links to other sites for which we are not responsible. We provide you these links to third-party sites for the comfort of our members or Users. They are not intended to be a support or reference to the Services provided. Provided Services are subject to privacy statements, notices and autonomous and independent provisions, which we recommend you read carefully. The collection, usage and disclosure of your Personal Information will be subject to third parties’ privacy policies, and not by this Privacy Policy.
Personal Information Disclosure.
We share your Personal Data under the strictest care, and in accordance with the circumstances established hereinafter and to the following parties:
A. Service Providers. We have contact with third parties in order to provide a wide variety of Services on our behalf. The foregoing includes without limitation, having contact with service providers to host data and platforms, fulfill our products and Services requests and answer your questions, sending emails on our behalf, processing card payments and other transactions, as well as analyzing the data to improve our products and Services. For this reason, it is possible that we have to share your personal information with them, for the purposes described in “Personal Data use and management purposes”, for which FIMO LLC does it with the best care and confidentiality possible.
B. Authorities, government agencies and any other third-party when legally required and as needed to provide and protect our Services. The foregoing, includes that occasionally we and our Service providers will share your Personal Information to law firms, auditors, advisors, police and courts, only in the necessary extent:
- To provide the Services that you or your company or organization has requested.
- To comply with applicable law or to answer to a legal procedure or to any cooperation request from any governmental entity or law enforcement responsible (which can include legal access requests from United Estates courts and governmental authorities).
- To detect, repress or prevent fraud or to verify and enforce policies that govern our Services; permitted by law.
- To protect rights, property or security of FIMO LLC and its Parties or of out affiliates, commercial partners, clients or employees, when required by law.
C. Third parties related with a corporate transaction. We will share Personal information with an third party acquirer in the event that the entire or part of a FIMO LLC’s company or its assets are transferred to a third-party, such as in case of a merger, reorganization or liquidation for bankruptcy, when necessary.
D. External partners, with your consent. It is possible we request your consent to share Personal Information to third parties in order for them to provide you special offers, advising material and other material of your interest.
E. Other department of your company or from your company’s management.In addition to the disclosures described in this Privacy Policy, we can share your information with third parties when your company or organization requires such exchange. For example, we may periodically associate with third parties to make the products and Services available to individual members or participating companies and organizations. If you, your company or organization request participating, we can share your information with relevant third parties in relation with the requested product or Service.
Third Parties that contribute Content or functionality to our Services.
We also associate with the following third parties’ categories in order to gather, analyze and use some of the Personal Data described in this Privacy Policy:
- Third parties that provide features and functionality to the Services through plug-ins. Even if there is no click or interaction with the social network Services or other plug-ins, they can collect information about you, as your IP address and the pages you visit.
- Advertising providers allow our advisors to provide you of advertisement on our Services or in other sites, including ads that are targeted in your online behavior and that analytics companies help us to measure and evaluate our Service’s use.
- Other content providers can offer products and services of our Services and can operate content, draws or surveys relating to them.
These third parties collect or receive certain information about the use of our Services, even through Cookies, Web Beacons and internet technologies. Over time, this information can be accumulated or combined with the information collected through different websites and online services.
Information security and Personal Data protection.
We have with different procedures to protect your information. Even though we apply these measures to protect your Personal Data, no security program is infallible and, hence, it is not possible to grant absolute security to your Personal Data or any type of information.
ARCO Rights, procedure for exercising and withdrawing consent for the treatment of your personal data.
You, by your own rights or through your legal representative (duly accredited), have the possibility to exercise the ARCO Rights (Access, Rectification, Cancelation, and Opposition) for the treatment of your Personal Data
- Access: You can ask FIMO LLC to inform you about what information we have and how it was obtained. An uncertified copy or email will be send containing this information.
- Rectification: You can acknowledge FIMO LLC of any modification to any particular data or of all data (such as email, agent, Name/company name, phone number and address changes or notices, notifications, among others) since they are incorrect, inaccurate or because they have changed.
- Cancelation: You can ask FIMO LLC for the elimination or cancelation of unnecessary or not pertinent data for the purpose it was collected. This data can be blocked, meaning that, it will be identified and reserved in order to prevent its treatment.
- Opposition: You can oppose to the treatment of your personal data.
FIMO LLC should attend your request with due care and within the first twenty (20) first business days after submitted your request.
In order to make a request, this must be done through the format “A.R.C.O. Rights exercise request” (the “ARCO Form”), which is a special document that you can find on www.fimo-steel.com and that has the necessary in order to file a request. Likewise, you can call +1 (915) 600-7999, where a specialist will answer in order to receive your request. In order to require additional information or to file the ARCO Form, this can be made on the address designated hereby in this Notice or by email to the following address: info@fimo-steel.com, in which, de Owner will have to clearly point out the right that is being exercised, as well as the following information:
- Owner’s Name and the accreditation of the legal representative, if applicable.
- Owner’s address and email in which we can provide an answer to the request.
- Personal Data description on which you intend to exercise any ARCO Right.
- Any other element that makes easier the identification or localization of the Personal Data.
In order for the indicated area of FIMO LLC to properly attend your request, it is necessary that you or your legal representative (in such case) properly demonstrate your/her/his identity, for which requirements will have to be fully completed and fields fully filled. In the event that you or your legal representative do not establishes your/her/his identity or do not correctly provide requested information, FIMO LLC will proceed to contact you, by phone or by email, for you within the next five (5) next business days from the request, in order for you to amend such omission or comply with such request. In case that you do not answer to the situation described hereinbefore, it will be understood that you do not wish to continue with such request.
FIMO LLC will proceed to inform you the alternative taken in no more than twenty (20) business days, which will start counting from the business day following that in which your request was received, or, alternatively, the next day in which it was correctly attended the requirement abovementioned. In all cases, the resolution will be communicated to you via email in the email address provided in the request.
The denial for the use of your Personal Information for the purposes described in this Privacy Policy will be no reason for us to deny you our Services and products that requested by you or established by the proper agreement with us. Its must be taken into consideration that if you withdraw your consent to such treatment, it is possible that Services may be not provided on certain aspects.
Regarding the possibility to withdraw the consent granted to the Company, this just will be possible when: a) Personal Data is not essential for us to comply with the indispensable objectives, and b) It is substantial that you keep in mind that it may not be possible for us to attend your request 100% of the times or to attend it immediately in all cases, due to that it is possible that for a legal obligation we require treating your personal data, until the corresponding process that blocks such possibility has been met.
Marketing Norms.
If you chose to receive third-party merchandising emails, FIMO LLC will provide these third-parties your Personal Data, in such way that those third-parties can contact you directly about their products and Services not belonging to FIMO LLC. If later you decide to stop receiving third-party merchandising emails, you will have to contact them directly or follow up the instructions located on the bottom of your merchandising emails.
Closed-Circuit Television System (CCTV).
FIMO LLC’s buildings and facilities have a closed-circuit television system (CCTV) installed to protect the security and goods of FIMO LLC’s employees, members and guests, as well as to improve our products and Services and to analyze the way Users explore and use our spaces. In our USA locations and abroad, FIMO LLC can have access to the recordings and can share them with competent authorities in accordance with applicable law when necessary. Recordings shall be kept during a limited time, but they can be stored during more time for an incident investigation on when required by competent authorities.
Cookies, Web Beacons and other internet technologies.
We, as well as other third-parties that provide us of content and other functionalities in our Services, use Cookies, Web Beacons and other similar internet technologies in our online Services.
Cookies.
A Cookie is a small file that can be stored on your computer or other device. With a Cookie, the company that stored the Cookie in your device can recognize you through different websites, Services, devices or browsing sessions.
Our websites use Google Analytics, an analytic service administered by Google Inc. (“Google”). Google Analytics uses “Cookies”, text files that are stored on User’s computer and that allows the website to analyze the way in which Users use the site. Information generated by a Cookie regarding the use of our websites, generally, is transmitted to and stored in a Google server on the United States. In our Websites, IP anonymity tool has been enabled, so that the IP address of Google users in the European Economic Region is truncated in advance. Only in exceptional cases, the complete IP direction will be transferred to Google in the United States and will be truncated there. Google will use this information on behalf of the website’s carrier in order to evaluate the usage given to the site by the Users, collecting activity informs and providing other Services related with the website’s activity and the internet usage for the website’s carrier. IP Direction that your browser transmits within the framework of Google Analytics will not associate with other Google data. It is possible to prevent the storage of Cookies through configuring your browser. Keep in mind however that in this case it is possible that you may not fully use all the features of our websites. Users can block the collection of the data generated by Cookies and those related data related with its use in our websites (including your IP address) and its processing by Google through downloading and installing a Plugin-Browser.
You can reject Cookie use. When a browser is used to access the Services, you can set your browser to accept all Cookies, reject all of them, or to receive notifications when a Cookie is sent. Click the “Help” button on your browser to obtain more information about how to change your Cookie preferences. Keep in mind that disabling all Cookies can affect your capacity to access and use certain tools of the Services.
Web Beacons.
Web Beacons and other similar technologies are little code fragments that are embedded on websites, ads and emails and that communicate with third parties. We use Web Beacons, including, without limitation, to count the number of persons visiting a particular website, to install or communicate with Cookies and to understand patterns of use. We can also include Web Beacons on emails to know if they have been opened, answered or forwarded.
Other technologies.
There are other internet and local storage technologies, as Local Shared Objects (also called “Flash Cookies”) and HTML5 local storage, that work similarly to the Cookies mentioned hereinbefore that are installed on the device and that can be used to storage certain information regarding your activities and preferences through different services and sessions. Keep in mind that these technologies are different from Cookies and it is possible that you may not be able to control them using standard tools and setting from your browser. To obtain more information on how to disable or remove the information contained on Flash Cookies.
How do we use these technologies?
Our websites use these technologies for the purposes hereunder:
- Manage our Services.
- Improve our Services, including helping us to measure and research the effectiveness of our Content, features, advertisements and other communications. It is included, without limitation, the evaluation of what websites and features our visitors have access to and how much time they spend on them. It is possible that we include Web Beacons in our email messages to know if they have been opened, answered or forwarded.
- Store credentials and login preferences so you don’t have to introduce your credentials or references each time you login on a Service.
- Help us and third parties provide you relevant content and publicity through the collection of information about the use you give to our Services and other websites.
To obtain more information in how we use the information we gather, consult “Personal Data use and management purposes” section.
Preservation and Destruction.
When Personal Information is no longer necessary due to the expiration of the preservation term of such Personal Information or for the accomplishment of the purpose for which such information was collected and when there is no legal or regulatory provision that establishes otherwise, we will proceed to the cancelation of such Personal Data. If applicable law requires us to continue storing this Personal Information, we will transfer such information to an independent database or place it on a separate storage compartment.
In the case of electronic files, we will destroy the ones that contain Personal Information through permanent deletion, in a manner that it cannot be recovered. We destroy other types of files that are included on paper documents, through trituration.
Disclaimer of warranties.
The use of the Site is at your own risk. The Site is provided “as is” and “upon availability”. FIMO LLC expressly excludes all warranties of any kind, whether express, implicit or statuary, included, but not limited to the implicit warranties of merchantability, particular purpose adaptation, title and no infraction.
FIMO LLC makes no warranty that (i) the site will fulfill your requirements, (ii) the site will be a hundred percent uninterrupted, opportune, secure or error-free or (iii) the results that can be obtained from the use of the site will be precise or reliable as a whole.
Liability limitation.
You expressly understand and acknowledge that FIMO LLC will not be responsible for any indirect, incidental, especial, consequent, exemplary or benefit loss damage, including, but not limited to, damages caused by loss of trade, use, data or other immaterial loss (even when FIMO LLC has been warned of the possibility of such damages, whether based on an agreement, tort, negligence, liability or any other way, resulting from: (i) the use or incapacity to use the Site or any other related information; (ii) Non-authorized access or alteration of its transmissions or data; (iii) third-party declarations or conduct (including Users) on the Site; or (iv) any other matter related with the Site. At no case shall the total liability of FIMO LLC with you for all the damages, losses or actions will exceed a hundred dollars ($100 USD).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations mentioned hereinbefore may not be applicable to you. If you are not satisfied with any part of the site or with these terms of use, your sole and exclusive remedy is to stop using the site.
Links to other websites.
Our website may contain links to other websites of your interest. However, once you access these links and leave our site, you must keep in mind that We do not have any control over the other website. Therefore, we cannot be responsible for the protection and privacy of any information you provide while visiting those sites and those sites are not governed by this Privacy Policy. You must be careful and read the applicable Privacy Policy for that website.
Future Changes to this Privacy Policy.
Privacy norms and guidelines are part of a constant changing environment, which is safeguarded by us, because continuously we search to improve our privacy practices and Personal Data management in order to offer a better experience in our Services. FIMO LLC reserves the right to effect, when as needed, changes to this Privacy Policy as appropriate to applicable law, intern policies, improvements on privacy practices and personal data management or a better offering of our Services.
You can consult those chances through our Site, in addition that in some cases we will send an email to the address you provide us.
Questions and Feedback.
If you have any questions or comment about our Privacy Policy, contact us at:
FIMO LLC
810 Texas Avenue
El Paso, Texas 79901
Email address: info@fimo-steel.com
Effective date: Jan 01, 2023
Last update date: 09/20/2023