Walnut Hollow

WALNUT HOLLOW AFFILIATE PROGRAM TERMS & CONDITIONS 

These Terms and Conditions (“Terms”), including our Privacy Statement (collectively the “Agreement”) govern your participation in the Walnut Hollow Affiliate Program (the “Program”). As used in this Agreement, “we”, “us”, or “Walnut Hollow” means UFP Craft and Hobby, LLC d/b/a Walnut Hollow (and its parent, affiliate, subsidiary and related entities), and “you” means the applicant affiliate party. “Site” means https://www.walnuthollow.com/ or the mobile app that you will link to using the Referral Link as defined in Section 2 of this Agreement.

SECTION 1.  ENROLLMENT

Eligible applicants may submit a Program application to begin the enrollment process (“Application”). Submission of your Application to the Program constitutes acceptance to the Terms set forth in this Agreement. We will evaluate your Application and notify you of your acceptance or rejection. We may accept or reject any Application in our sole discretion. 

Some aspects of the Program are powered by UpPromote (the “Platform”).  For example, communications, analytics, and results will be processed through the Platform.

PLEASE READ THESE TERMS CAREFULLY. BY ENROLLING IN THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU (A) HAVE READ THESE TERMS,                             (B) UNDERSTAND THESE TERMS, AND (C) AGREE TO BE BOUND BY THESE TERMS. THE RIGHTS GRANTED TO YOU BY THESE TERMS WILL REMAIN IN FORCE FOR SO LONG AS YOU ARE ENROLLED IN THE PROGRAM.

SECTION 2.  REFERRAL LINK

Upon acceptance into the Program, we will make available to you a Referral Link that is subject to the terms and conditions of this Agreement. A “Referral Link” is a hyperlink or discount code that you place on your Affiliate Website, social media postings, or newsletters, for the purpose of getting third parties to purchase Qualifying Products from the Site. Only Referral Links may be used to link an Affiliate Website to areas within our Site. 

Walnut Hollow reserves the right to approve each and every website or social media post that links to our Site through a Referral Link (each an “Affiliate Website”). Walnut Hollow may, at its sole discretion, decline to accept any Affiliate Website.  The Referral Link will serve to identify your Affiliate Website as an authorized part of the Program and will establish a trackable link from the Affiliate Website to our Site. You agree that when you display a Referral Link on the Affiliate Website, there will be a clear and conspicuous disclosure placed next to the Referral Link that it is an advertisement so the disclosure is unavoidable. Walnut Hollow reserves the right to take immediate steps should you not comply with this Agreement, including but not limited to suspending or terminating this Agreement, or expelling you from the Program. 

You also agree that you will display on the Affiliate Website only those logos, trade names, trademarks, graphic images and similar identifying material (“Licensed Materials”) that are provided by or on behalf of us, and you will substitute such content with any new Licensed Materials provided by or on behalf of us from time to time as directed by Walnut Hollow. 

Only valid Referral Links will be tracked for purposes of determining Commissions (as defined below) that you may be eligible to receive on sales of Qualifying Products (as defined below) generated through your participation in the Program.

You acknowledge and agree to disclose in the privacy policy or notice of any Affiliate Website that by participating in the Program and placing a Referral Link, we may place or recognize cookies on any visitors’ browsers and receive information from or about visitors to such Affiliate Website or communications between such Affiliate Website and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in our Privacy Statement. Notwithstanding the foregoing, you may not collect, store, cache, or otherwise use any account information of Walnut Hollow customers.

We will be responsible for all aspects of order processing and fulfillment of orders placed by customers who follow your Referral Link to the Site in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish and update from time to time. Through the Program or the Platform, you may have the ability to track sales made to customers who purchase products using your Referral Link. To permit accurate tracking, reporting, and fee accrual, you must ensure that your Referral Link is properly formatted. Walnut Hollow will not be responsible for improperly formatted links regardless of whether you have made modifications to the code or not. In addition, you understand and agree that we may not be able to track or pay a Commission for sales from customers that block cookies, have cookies disabled, or that otherwise do not have their browser settings enabled in a way that permits the tracking of a Referral Link.

SECTION 3.  GENERAL GUIDELINES AND PROHIBITIONS

You are solely responsible for the transmission of your information through the Program and/or the Platform and ensuring the security of your username(s) and password(s). Walnut Hollow is not responsible for any losses arising from your failure to maintain the security of your username(s) and password(s), including any unauthorized use or disclosure of your information, and any account activity taken by unauthorized actors.

All content on your Affiliate Website and/or Endorsements must reflect honest opinions, findings, beliefs, and/or experiences. Your Creator Content and the Affiliate Website shall not confuse or mislead a customer in any manner; promote illegal activity, sexually explicit material, violence or hate toward any persons or groups; discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; and/or engage in any disparaging, defamatory, fraudulent, or harassing behavior. Additionally, you shall not make any scientific claims (unless backed by scientific evidence) or create any advertisements that might suggest or imply a visitor to your Affiliate Website into believing that Walnut Hollow or any related entity was the creator or sponsor of such advertisement. 

Additionally, you shall not engineer any website in such a manner that is likely to decrease sales through the Site, pull internet traffic away from the Site or redirect any Referral Link to any website other than our Site. Moreover, you shall not attempt to modify or alter our Site in any way; cause spyware to be installed on another person’s computer; or display any material on an Affiliate Website that contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines. 

Finally, you shall not cause the Platform’s tracking systems to conclude that a user has clicked through a Referral Link- and to pay Commissions accordingly - even if the user has not actually clicked through any such link, or forward, redistribute, or otherwise repurpose any Referral Links to any third party. 

SECTION 4. AFFILIATE WEBSITE

You are solely responsible for the development, operation, and maintenance of your Creator Content, Affiliate Website and for all content that appears on an Affiliate Website. This includes, without limitation, the following: (a) delivering all messaging and endorsements in a truthful, honest, and professional manner; (b) monitoring the Affiliate Website to verify that all content it publishes, distributes, or links to is in good taste and free of inappropriate language, bigotry, racism, discrimination, divisive, controversial, or polarizing social topics; (c) creating, posting, and updating accurate content on an Affiliate Website; (d) accurately linking to the Site; (e) immediately removing any Licensed Materials and Trademarks from the Affiliate Website as required by these Terms;           (f) all technical operation of your Affiliate Website, including all related data hosting operations, hardware, and other equipment that may be necessary to operate your Affiliate Website; and                 (g) notifying us of any malfunctioning or problems with your participation in the Program.  

Walnut Hollow reserves the right, in its sole discretion, to approve any content, Affiliate Website or social media post that links to our Site through a Referral Link. You also agree to provide us with unrestricted access to any Affiliate Website or other records and documentation reasonably requested by Walnut Hollow for purposes of verifying your compliance with this Agreement. Walnut Hollow reserves the right to take immediate steps should you not comply with this Section, including requiring removal or editing of any content or social media post; suspending or terminating this Agreement; or expelling you from the Program. 

SECTION 5. COMPLIANCE WITH FTC’S GUIDELINES

The Federal Trade Commission (“FTC”) defines an endorsement as “any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser” (an “Endorsement”). To the extent that your display of an Referral Link is reasonably construed as, accompanied by, or associated with, an Endorsement, you shall materially comply with all FTC rules and regulations. This requires, amongst other things, that You fully disclose your relationship with Walnut Hollow in a “clear and conspicuous” way, including the fact that you were given consideration, were provided with certain experiences, or are being paid for a service.  Please review the FTC’s Disclosures 101 for Social Media Influencers for specific guidance.

SECTION 6.  COMMISSION PAYMENTS

We will pay you a commission fee on certain product sales to third parties generated from our Site (“Commission(s)”). The Commission amount will be set forth in the Application at the time of enrollment. The Commission will be based on the sale price listed on our Site and excludes costs for shipping, handling, rebates, refunds, returns, chargebacks, cancellations and taxes/VAT. You agree and acknowledge that you have the sole responsibility and liability for any and all taxes, contributions, penalties, or other sums arising out of any Commissions.

For a product sale to generate a Commission, the customer must:

• use a browser that has its cookies setting enabled;
• follow a Referral Link from your Affiliate Website to the Site;
• purchase a Qualifying Product;
• accept delivery of the Qualifying Product at the shipping destination; and
• remit full payment to us.

We will pay you Commissions on products that are actually purchased by a customer. The customer’s purchase must occur within the cookie window (“Cookie Window”) after the customer has initially entered our Site. The Cookie Window will be set forth in the Application at the time of enrollment. We will not pay Commissions on any products that are purchased on our Site when a customer re-enters our Site (other than through a Referral Link from your website) after the Cookie Window, even if the customer previously followed a link from your website to our Site. 

Some products sold on the Site may not be eligible to earn Commissions in the Program. Products that are entitled to earn Commissions under these Terms are referred to as “Qualifying Products.” We reserve the right and discretion to change, modify, and determine Qualifying Products.

If a customer returns a product that generated a Commission, you will see a deduction for the corresponding Commission from your next monthly payment. All determinations whether a Commission is payable will be made by Walnut Hollow, in its sole discretion, and will be final and binding.

You shall not use any type of method, software, or technology that attempts to intercept or redirect Commissions to or from any website, or otherwise artificially increase Commissions, including through any click spam or use of stolen credit card information to make purchases in connection with the Program. We may suspend, terminate, or expel you from the Program at any time for breach of this Section.  

SECTION 7. OWNERSHIP; LIMITED LICENSE; RESTRICTIONS

The Sites and all content and materials made available through Sites, and all copyrights, trademarks, trade dress, and other intellectual property rights therein (collectively, the “IP”) are owned or controlled by or licensed to Walnut Hollow, and are protected by U.S. trademark, copyright, and other intellectual property laws.

Subject to your compliance with this Agreement, we grant you a limited, nonexclusive, nontransferable, revocable right to access our Site through a Referral Link and use the IP solely in accordance with the terms of this Agreement and solely in connection with the Licensed Materials, only as provided to you by us, through the Program, and solely for the purpose of identifying your Affiliate Website as a Program participant and to assist in generating the sale of Walnut Hollow products. Upon suspension, termination of the Agreement, or expulsion from the Program for any reason, the license set forth in this Section will terminate automatically. Additionally, we may terminate or revoke your license to use the Site, IP, or Licensed Materials for any reason, at any time, in our sole and absolute discretion.

You acknowledge that this Agreement does not provide you with any ownership or other intellectual property rights in the Site, IP, or Licensed Materials other than the limited license rights contained herein.  You acknowledge that Walnut Hollow solely and exclusively owns all the Site, IP, and Licensed Materials, and you shall not do anything inconsistent with or harmful to such ownership.  Except as set forth in this Agreement, you agree that you shall acquire no right, title, or interest of any kind or nature whatsoever in or to the IP or any goodwill associated with or arising therefrom. You may not sublicense, assign or transfer any such licenses, and any attempt at such sublicense, assignment or transfer is void.  Further, you understand and agree that you have no ownership rights in any materials you submit to us, including, without limitation, feedback provided about the Program.  To the extent that you provide us or submit to us any feedback, materials, data, ideas, or content, you hereby assign, transfer, and grant to us any and all right, title, and interest you may have in such materials. 

Additionally, you grant to Walnut Hollow and its licensees and designees (“Licensees”), a perpetual, worldwide, royalty-free, sublicensable and transferable license to use, distribute, display, publish, and reproduce any content you create in connection with the Program (“Creator Content”), and your name, image, likeness, voice, biographical information, personal characteristics, statements, testimonials, social media and online profiles and handles, and other indicia of identity, and any trademarks, trade names, logos, or other indicia of origin contained therein, on Licensees’ websites, apps, platforms, and social media pages for the marketing and promotion of Walnut Hollow and its products or services, without further notifying, compensating, or seeking your approval. To the extent permitted by applicable law, you forever waive any moral rights or similar rights that you may have in the Creator Content. You also waive and release Licensees from any claims that you may have by reason of Licensees’ exercise of the rights granted under this Agreement (including claims of publicity or privacy rights violations and defamation).

You agree to promptly notify Walnut Hollow upon notice of any infringement or threatened infringement related to Walnut Hollow. You will reasonably assist Walnut Hollow in any manner reasonably necessary to maintain and enforce its intellectual property rights, including, without limitation, the prosecution of any person or entity who is infringing or allegedly infringing.

SECTION 8. TERM AND TERMINATION

The term of this Agreement will begin upon our acceptance of your Application and will end when terminated by either party. Either party may terminate this Agreement immediately at any time, with or without cause, by giving you written notice of termination (email will suffice). Upon termination, all Site related content and links shall be promptly removed from Affiliate Websites. You are only eligible to earn Commissions on sales of Qualifying Products while you are an active member of  the Program, and Commission(s) earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event we overpay you, you agree to promptly remit such excess payment upon notification by us.

In addition to Walnut Hollow’s right to terminate this Agreement without cause, violation of any of the terms contained in this Agreement may result in, among other things, the withholding or non-payment of Commissions or a lawsuit by Walnut Hollow seeking, without limitation, injunctive relief, recovery of actual, statutory or punitive damages.

SECTION 9. MODIFICATION

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. Walnut Hollow is not responsible for your failure to receive notice of changes, and you agree to review these terms periodically to ensure that you are familiar with the most recent version of such terms, policies and operating procedures. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

SECTION 10. REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) You have the full right, power and authority to enter into this Agreement, grant the rights granted herein, and fully perform your obligations hereunder; (b) the Affiliate Website and the Creator Content does not and will not infringe any patents, copyrights, trademarks, trade secrets or other intellectual property rights of Walnut Hollow or any other third party; (c) You have obtained and will maintain in force all necessary notices, consents, and licenses to enable you to participate in the Program; and (d) You will at all times comply with all applicable laws, ordinances, regulations, rules, codes and industry standards, guidelines and principles, including any foreign laws if any services are to be performed outside of the USA, which are relevant to your performance under this Agreement. 

SECTION 11. INDEMNIFICATION

In addition to any other indemnification obligations contained in this Agreement, you shall indemnify, defend, protect, and hold harmless UFP Craft and Hobby, LLC, its parents, subsidiaries, and affiliated companies, and their respective agents, employees, representatives, contractors, successors and assigns (“Indemnified Parties”) from and against any and all claims, actions, liabilities, losses, costs and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys’ fees) incurred as a result of claims of customers or other third parties against any of the Indemnified Parties arising from or connected with your (including your employees, agents, representatives, contractors, or affiliates): (a) breach of any representation, warranty, obligation, or covenant contained within this Agreement; (b) Creator Content and any of the content or activities of any Affiliate Website or related business; (c) misuse, unauthorized modification or unauthorized use of the services or materials provided by us hereunder; or (d) acts or omissions related to the Program. 

You shall defend the Indemnified Parties at your own expense using counsel reasonably acceptable to Walnut Hollow; however, in addition to the foregoing, the Indemnified Party reserves the right to also be represented by counsel of its choosing, at its expense, including at any proceeding or settlement discussions related thereto.  You may not settle or consent to the entry of judgment with regard to any indemnified claim without the Indemnified Party’s written consent, which will not be unreasonably withheld. 

SECTION 12. LIMITATION OF LIABILITY

We will not be liable for indirect, special, punitive, incidental, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid to you under this Agreement in the prior twelve (12) months preceding the date the liability first arises.

SECTION 13. CONFIDENTIALITY

“Confidential Information” means, without limitation, the terms of this Agreement, business and financial information, trade secrets, pricing and cost information, customer identities, customer lists, supplier identities, supplier lists, marketing and sales strategies and methods, manufacturing processes, know-how, and any other information not generally known or available to the public through a source or sources other than you or your affiliates, or that you should reasonably know or assume is confidential.  You acknowledge and understand that Walnut Hollow expends substantial time, effort, and financial resources in developing its Confidential Information, and that serious and irreparable damage could result if its Confidential Information were disclosed to or used on behalf of a competitor or other third parties.  Accordingly, you promise and agree not to disclose, communicate, or publish to any person or entity or use, directly or indirectly, either during or after the term of the Program, any Confidential Information, except with the written consent of Walnut Hollow or as authorized by this Agreement. You agree and acknowledge that all Confidential Information shall remain the property of Walnut Hollow, and your employees, agents, and/or representatives shall have no proprietary interest in any of the Confidential Information, 

You shall take (and cause all your employees, agents, and/or representatives to take) all necessary steps to ensure that the Confidential Information is securely maintained. You agree to be responsible to Walnut Hollow for any breach of this Section by your employees. These obligations of nondisclosure and nonuse shall continue until that Confidential Information becomes generally known to the public without breach of this Section.

Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to your accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law. In the event that you become legally compelled to disclose any of the Confidential Information, you shall provide us with prompt notice and shall not divulge any Confidential Information until Walnut Hollow has had the opportunity to seek a protective order or other appropriate remedy. If such actions by Walnut Hollow are unsuccessful, or Walnut Hollow otherwise waives the right to seek such remedies, you shall disclose only that portion of the Confidential Information which it is legally required to disclose.

Upon the earlier of Walnut Hollow’s request or the expiration or termination of the Program, you shall immediately turn over to us, and not keep or deliver to any other person (or destroy if it cannot be returned), all Confidential Information of Walnut Hollow.

SECTION 14. DISCLAIMERS

We make no express or implied warranties or representations with respect to the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.

SECTION 15. INDEPENDENT CONTRACTOR 

You and Walnut Hollow are independent contractors. This Agreement is not intended to, and does not, create any relationship of employment, agency, joint venture, franchisor-franchisee relationship, or partnership. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this Section.

SECTION 16. NON-EXCLUSIVITY 

You understand and acknowledge that this Agreement is made on a non-exclusive basis between you and Walnut Hollow and is solely for the purpose of allowing you to link to the Site as part of your participation in the Program. Nothing herein shall obligate Walnut Hollow to provide you any exclusive rights or benefits, and you understand that this agreement is made on an expressly non-exclusive basis. Both you and us will have the right to recommend similar products and services of third partis and to work with other parties in connection with the sale and use of similar products and services of third parties. 

SECTION 17. MISCELLANEOUS

This Agreement will be governed by the laws of the United States and the state of Michigan, without reference to rules governing choice of laws. Any and all actions concerning any dispute arising under this Agreement shall be filed and maintained in the Circuit Court of Kent County, Michigan or the Federal District Court for the Western District of Michigan, and you irrevocably consent to the jurisdiction of such courts. You may not assign, delegate, or otherwise transfer all or any portion of this Agreement or any of its rights or obligations hereunder, to any other party without obtaining Walnut Hollow’s prior written consent, which Walnut Hollow may grant or deny in its sole and absolute discretion.  Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purposes stated and does not operate as a waiver on any future occasion. Consent to a waiver in one instance does not obligate Walnut Hollow to consider or grant a waiver in a similar future instance. 

Last Updated: January 1, 2022

This is the Privacy Statement of UFP Industries, Inc. and our affiliates (the "Company," "us", "we", or “our”).  Please see the section below that identifies our affiliates.

Our Commitment to Privacy

We are committed to your privacy.  We want you to be familiar with how we collect, use and disclose your information. This Privacy Statement is intended to comply with U.S. and international data protection and privacy laws, including the EU General Data Protection Regulation, and describes our practices in connection with information that we collect online and offline.

What Information We Collect

“Personal Information” is information that identifies you as a natural person or relates to an identifiable natural person.  We may collect and process the following Personal Information:

• Personal contact information such as name, address, telephone number and email address;
• Business contact information such as business address, telephone number and email address;
• Information necessary to provide products and services to you or your organization;
• Instructions, comments, and opinions you provide when you contact us directly by email, chat, direct messages, online forms, telephone, or mail;
• Your opinions via surveys we send to you regarding current services, potential new services that may be offered, our Websites, or other matters;
• Payment, credit, and transaction information for billing purposes (however, we do not collect or retain any of your credit or debit card information as a third party service provider processes your financial information);
• Purchase history;
• IP addresses;
• Information that you choose to provide to us when you interact with us or our service providers; and
• Employment related information if you are an employee or former employee of the Company or are applying for a job with us.

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual.  We may collect and process the following Other Information:

• Browser and device information;
• App usage data;
• Information collected through cookies, pixel tags and other technologies;
• Demographic information and other information provided by you that does not reveal your specific identity; and
• Information that has been deidentified or aggregated in a manner such that it no longer reveals your specific identity.

If we are required to treat Other Information as Personal Information under applicable law, then we will collect, use and disclose it for the purposes for which we collect, use and disclose Personal Information as detailed in this Privacy Statement.  In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, conversation pages, blogs, profile pages, or other similar services, it may be publicly posted and otherwise publicly available for use.

How We Collect Personal & Other Information

We and our service providers may collect Personal Information online in a variety of ways in connection with providing our products and services.  Examples include:

• Through our websites, including any chat function (“Websites”);
• Through the software applications made available by us for use on or through computers and mobile devices (“Apps”);
• Through social media properties (“Social Media”);
• Through email messages (“Emails”);
• Through extranet sites made available to our customers and third parties (“Extranet Sites”);
• Through products and services we provide to our customers; and
• Through our registration process for newsletters, seminars, webinars, certifications, events, contests, sweepstakes, or promotions.

We also may collect Personal Information offline in a variety of ways in connection with our products and services.  Examples include:

• When you participate in a contractual arrangement for our products and services;
• When you provide information in conjunction with our products and services;
• When you provide information over the phone;
• When you provide information through paper-based forms, applications, and other documents;
• When you interact with us at a trade show, in connection with a sales call, or in other similar situations;
• When you participate in a contest, sweepstake, or promotion;
• When you provide information in connection with a rebate; or
• When you interact with us at a Company event, seminar, training, or clinic.
  

We also may collect Personal Information from other sources.  Examples include:

• Publicly available databases;
• Joint marketing partners and event sponsors, when they share the information with us;
• Entities to which we provide products and services, which may include your employer; and
• Referral sources.

We need to collect Personal Information in order to provide our products and services to you.  If you do not provide the information requested, we may not be able to provide our products and services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with our products and services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.


We and our service providers may collect Other Information in a variety of ways, including:

Through your browser or device:
Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, device type (e.g. desktop or mobile), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the software or platforms (such as an App) you are using. 

Through your use of an App:
When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

Through use of cookies: 
Our Websites may now or in the future use "cookies" to help you personalize your online experience.  One of the primary purposes of cookies is to provide a convenience feature to save you time.  The purpose of a cookie is to tell the web server that you have returned to a specific page.  This simplifies the process of recording your personal information, such as billing addresses and so on.  When cookies are used and when you return to a Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized.  You have the ability to accept or decline cookies.  Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.  Flash cookies will need to be controlled via an online platform provided by Adobe.  If you choose to decline cookies, you may not be able to fully experience the interactive features of our Websites.

Through use of web beacons:
Pages of our Websites, Apps, Emails, Social Media, and other similar communication methods may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company to transfer or collect information through a graphic image request.   Web beacons can be used, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We may collect information through web beacons about your activities such as the address of the page you are visiting, the address of the referrer page you previously visited, the time you are viewing the page, your browsing environment, and your display settings.

We may use the information we collect through web beacons:

• To understand traffic patterns and the number of visitors to our network of Websites, our affiliates’ websites, and other non-Company websites with whom we partner, our Apps, and our Social Media;
• To understand how you use and interact with our products and services;
• To improve our products and services;
• To optimize and personalize your browsing experience;
• To provide anonymous individual and/or aggregate auditing, research, modeling and reporting;
• To provide you relevant advertising and content;
• To measure the effectiveness of our advertising; and
• To determine which email messages sent by us, or our agent, were opened and to note whether a message was acted upon.

Turning off your cookies will prevent web beacons from tracking your specific activity.  The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded.

Through use of third party analytics: 
We may use third party analytics services, such as those of Google Analytics (including Google AdWords and Google Tag Manager), Facebook Pixel, and Pinterest Tag.  These services help us analyze how our Website, Apps, Social Media, and other platforms are used, and information collected as part of these services is automatically sent to the service provider.  To learn more about Google Analytics and an opt-out browser add-on, please click here: https://tools.google.com/dlpage/gaoptout/.

Do Not Track
Your web browser may have a “Do Not Track” feature that is intended to automatically inform websites you visit to not track your online activities.  Our Websites do not process or respond to these “Do Not Track” signals from your browser.

IP Address
Your IP address is automatically assigned to your computer by your internet service provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses our Websites and Apps, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, improving our Websites and Apps, and administering the Websites and Apps. We may also derive your approximate location from your IP address.

How We Use Personal Information


We and our service providers use Personal Information for legitimate business purposes, including:


Providing products and services

• To contact individuals (including employees of corporate customers) in connection with providing our products and services;
• To respond to inquiries and fulfill requests from our customers and others, administer their file(s), and provide information on our products and services;
• To provide our products and services and to process a return; and
• To manage our relationships, including responding to a review.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

Providing you with our newsletter and/or other marketing materials, facilitating social sharing, and administering and conducting promotions, trainings, and other events

• To send you our newsletters, publications, legal updates, and mailings related to our seminars, events, or products and services that we think may be of interest to you;
• To fulfill your event registration requests and provide services, including the provision of seminars and other events;
• To send you information about our products and services and other news about our Company; and
• To administer your participation in a contest, sweepstake, rebate or other promotion or to send you prizes that you might have won.

We will engage in this activity with your consent or where we have a legitimate interest.

Providing the functionality of our Websites and other platforms and fulfilling your requests

• To provide our Websites’ and Apps’ functionality to you, such as arranging access to your registered account and providing you with related client service;
• To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise (e.g., when you send us questions, suggestions, compliments or complaints, or when you request other information about our products and services);
• To send administrative information to you, such as information regarding our products and services and changes to our terms, conditions and policies; and
• To make improvements to the Websites and Apps.
  

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Accomplishing our business purposes

• For data analysis, for example, to improve our Websites, Apps, products, and services;
• For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
• For fraud and security monitoring purposes (for example, to detect and prevent cyberattacks or attempts to commit identity theft);
• To meet our legal and regulatory obligations;
• For enhancing, improving, or modifying our current products and services;
• For identifying usage trends to operate and expand our business activities (for example, understanding which parts of our products and services are of most interest to users); and
• For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

How We Disclose Personal Information

We disclose Personal Information:

To our affiliates for the purposes described in this Privacy Statement

• You can consult the list and location of our affiliates listed below. Subject to local requirements, this information may be used to provide products and services offered by our other legal entities and for all the purposes outlined in this Privacy Statement.
• UFP Industries, Inc. is the party responsible for the management of the jointly-used Personal Information.

To our third party service providers and trusted business partners to facilitate services they provide to us

• These can include providers of services such as website hosting, products and services-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, fulfill orders you have placed, or fulfill the purpose for which you have provided it (such as for contests or promotions) and other services.
• All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information.

To public authorities in response to lawful requests by public authorities to comply with national security or law enforcement requirements.

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law and regulations, including laws outside your country of residence;
• To cooperate with public and government authorities, including authorities outside your country of residence;
• To cooperate with law enforcement;
• For other legal reasons, such as to enforce our terms and conditions and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
• In connection with a sale, merger or business transaction.
  

We do not sell, rent, or lease Personal Information to third parties. 


How We Use Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. 

How Long We Retain Personal Information

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide our products and services to you (for example, for as long as you have an account with us or keep using our products and services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions or communications for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

What Security Measures We Use

While no data security program can fully prevent the unauthorized access to, loss of, accidental destruction of, misuse of, or disclosure of Personal Information, we have implemented internal policies and technical measures to protect Personal Information from loss, accidental destruction, misuse or disclosure. Such internal policies and technical measures include:

• The use of pseudonymization and encryption of personal data where appropriate;
• Procedures and controls to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• Procedures and controls to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
• Procedures for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing;
• Procedures to ensure that data is not accessed, except by individuals in the proper performance of their duties;
• The use of contractual language requiring our service providers and other third parties to whom we disclose Personal Information to comply with applicable data privacy laws and to protect the confidentiality of the information; and
• Training all of our employees who handle Personal Information on how to properly handle and protect Personal Information.

Your Choices Regarding Marketing-Based Communications

If you supply us with your address (mailing or e-mail), you may receive periodic mailings from us or our affiliates with information on new products and services, upcoming events, and other industry-related news.  We will comply with all legal requirements to obtain your consent for such mailings.  If you do not wish to receive such mailings (whether by e-mail or paper mail), please let us know by e-mailing us at customerservice@ufpi.com with the word "unsubscribe" in the subject line.  Please provide us with your exact name, mailing address, and e-mail address.

If you supply us with your mobile telephone number and opt into our SMS program, you may receive text messages from us or our affiliates with information regarding new products and services or upcoming events.  If you do not wish to receive such text messages, please let us know by sending us a text with the word "STOP" in the subject line.

With the data we have collected on your activities on our Websites, Apps, Social Media or through other interactions with us, we may, with your consent or pursuant to our legitimate business interests, provide advertising of our products and services personalized to your individual interests, and we may share such information with third party vendors in order to advertise our products and services to you.  We may also work with online advertising vendors to provide you with ads of our products and services that you may find relevant.  These ads may appear on our Websites, on the websites of third parties, our Apps, or our Social Media.  In addition, these ads may be based upon information collected by us or third parties.

To opt out of personalized advertising, you may be able to adjust settings on your browser or on your mobile device.  Please see the documentation associated with your browser and mobile device for more information.  In addition, the Digital Advertising Alliance provides information on how to opt out of personalized advertising; for more information, please click here: http://optout.aboutads.info/?c=2&lang=EN.

Privacy Rights for California Residents and Users

Individual California Users may request information about our disclosures of certain categories of Personal Information to third parties (i.e., our affiliates) for such third parties’ direct marketing purposes.

As noted above, we may disclose Personal Information to Company affiliates, which may use this information for all purposes outlined in this Privacy Statement. Because separate legal entities are considered “third parties” for purposes of California Civil Code Section 1798.83, and certain communications from our affiliates might be viewed as promoting their products and services, we are providing the following information for California residents who have provided us with their Personal Information during the creation of or during the course of an established business relationship that is primarily for personal, family, or household purposes (“Individual California Users”).

We will provide a list of the categories of Personal Information disclosed to third parties (i.e., our affiliates) for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.

Individual California Users must submit their requests to us either by email at privacy@ufpi.com or write us at: 2801 East Beltline Ave. NE, Grand Rapids, MI 49525, Attn: Privacy.

[CCPA Requirements Effective January 1, 2020]

If you are a California resident, you have the following additional rights under the California Consumer Privacy Act (CCPA) regarding your Personal Information we hold:

• You have the right to obtain confirmation of whether, and where, we are processing your Personal Information, information about the categories of Personal Information we are processing, and a copy of the Personal Information we hold about you.
• Right to receive our products and services on equal terms regardless of whether or not you exercise your rights under the CCPA.
• You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
• While we do not sell your Personal Information to third parties, you have the right to direct us not to sell your Personal information by clicking this DO NOT SELL MY PERSONAL INFORMATION LINK or by calling us at this toll-free hotline: 1-855-435-3935.

Privacy Rights for Nevada Residents and Users (effective October 1, 2019)

If you are a Nevada resident, you have the following additional privacy rights regarding your Personal Information we hold:

• While we do not sell your Personal Information to third parties, you have the right to direct us not to sell your Personal information by emailing your verified request to: privacy@ufpi.com.

Privacy Rights for Residents of the European Economic Area and Switzerland

If you are resident in the European Economic Area or Switzerland, under European or Swiss law you have the following additional rights in respect of your Personal Information that we hold:

• Right of access: You have the right to obtain confirmation of whether, and where, we are processing your Personal Information; information about the categories of Personal Information we are processing; the purposes for which we process your Personal Information; information as to how we determine applicable retention periods; information about the categories of recipients with whom we may share your Personal Information; and a copy of the Personal Information we hold about you.
• Right of portability: You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use or to request the transfer of your personal data to another person.
• Right to rectification: You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.
• Right to erasure: You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
• Right to restriction: You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you.
• Right to object: You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
• If you are resident in France, you also have the right to set guidelines for the retention and communication of your Personal Information after your death.

If you wish to exercise one of these rights, please contact us at privacy@ufpi.com.

EU residents also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. Swiss residents have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner at: https://www.edoeb.admin.ch/?lang=en.

Residents in other jurisdictions may also have similar rights to the above. Please contact us at privacy@ufpi.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

Children’s Privacy Statement

Our products and services are not intended for those under the age of 18, and we will not knowingly collect Personal Information from such individuals under the age of 18.

Privacy Rights for Applicants and Employees

We have privacy polices specific to employment matters, including applicants.  Please contact us at privacy@ufpi.com if you are an applicant or employee and would like more information about our privacy policies for employment matters.

Cross-Border Transfers

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using our Website, Apps, Social Media, products and services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.  In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.  We comply with all data privacy laws whenever Personal Information is transferred across borders.

For Personal Information transferred from the EEA and Switzerland, we make sure that the data is transferred either: (1) to  countries that are recognized by the European Commission and Switzerland as providing an adequate level of data protection according to EEA or Swiss standards or (2) pursuant to legally compliant methods, such as standard contractual clauses adopted by the European Commission or contracts approved by the Swiss Commissioner, to protect your Personal Information.

For Personal Information transferred from other countries with data protection and privacy laws, we make sure that the information is transferred pursuant to that country’s legal requirements.

Third Party Services

This Privacy Statement does not address, and we are not responsible for, the privacy, information or other practices of any third parties.

This includes any third party operating any website or service to which our Websites, Apps, or Social Media link. The inclusion of a link on our Websites, Apps, or Social Media does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media.

Affiliates

For purposes of this Privacy Statement, the entities listed in Exhibit 21 to our Annual Reports are considered to be “affiliates” of UFP Industries, Inc.  Please see the most current listing here: HTTPS://WWW.UFPINVESTOR.COM/NEWS-FILINGS-REPORTS#ANNUAL---OTHER-REPORTS.

Changes to this Privacy Statement

We will occasionally update this Privacy Statement to reflect current Company policies.  If this Privacy Statement is revised, the revised Privacy Statement will be posted here with the date of the most recent version posted above.  Continued use of our Websites, Apps, or Social Media after any such revision or update constitutes your acceptance of the Privacy Statement as so revised or modified.  We encourage you to periodically review this Privacy Statement to be informed of how the Company is protecting your information.  Finally, the terms of this Privacy Statement are subject to all applicable laws, rules, and regulations.

Not a Contract

This Privacy Statement is not a contract but is intended to comply with applicable data privacy laws.

Contact Information

We welcome your comments regarding this Privacy Statement. If you believe that we have not adhered to this Privacy Statement or if you have any other questions, please feel free to contact us:

UFP Industries, Inc.
privacy@ufpi.com
1-855-435-3935

Copyright ã 2020 UFP Industries, Inc.  All Rights Reserved.