Consumer Privacy, SMS Messaging, and Dispute Resolution Policy

YOUR USE OF THIS WEBPAGE MEANS THAT YOU ARE AGREEING TO ALL THREE PARTS OF THIS DOCUMENT — (i) PRIVACY POLICY, (II) SMS TERMS AND CONDITIONS AND PRIVACY POLICY, AND DISPUTE RESOLUTION POLICY (COLLECTIVELY, THIS “AGREEMENT”).

PRIVACY POLICY

At Thompson Creek Window Company (“Thompson Creek,” “we,” “our,” or “us”), we prioritize transparency in our information collection practices. Accordingly, this Privacy Policy describes how Thompson Creek collects, uses, retains, shares, and protects the Personal Information you provide to us through our website at www.thompsoncreek.com (the “Website”). This Privacy Policy does not apply to any information collected offline or via channels other than the Website. If you require any more information or have any questions about our Privacy Policy, please contact us by email at [email protected].

In this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Except where required by law, Personal Information does not include information that is publicly available as defined by applicable privacy legislation or is anonymized.

Thompson Creek, in its sole discretion, can modify this Privacy Policy at any time effective upon posting a modified Privacy Policy, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Website to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to stop using the Website immediately and to provide Thompson Creek notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Website. YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED PRIVACY POLICY.

Information Automatically Collected by Us

We automatically collect certain information when you visit, use, or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Website, and other technical information. This information is primarily needed to maintain the security and operation of the Website, and for our internal analytics and reporting purposes.

The Website makes use of cookies. Cookies are small text files stored on your computer by your web browser when visiting a website. Cookies store preferences, record user-specific information, and customize content based on your browser type and interactions and help us better understand your preferences and enhance your experience by tailoring our content to provide consistent, personalized products and services. You have the right to decide whether to accept or reject cookies. You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use the Website, though your access to some functionality and areas of the Website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

The Website makes use of log files. Log files monitor website activity and performance (e.g., page hits or navigation patterns), ensure security by detecting unusual activity (e.g., cyberattacks), and troubleshoot technical issues and improve website functionality. The information inside log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and, the number of clicks.

The Website makes use of device identifiers. A device identifier is a number that is automatically assigned to the device you used to access the Website. We may link the Device Identifier to other information about your visit, such as what pages you viewed, and Personal Information you provide us, such as your name. In addition to these methods, we may also collect information about how you interact with the Website through advertising partners and data enrichment tools.

The Website makes use of other various technologies, including, but not limited to, local shared objects and web beacons, to enhance your browsing experience and tailor the Website to your preferences. These technologies help us identify your browser, store settings, and streamline your interactions across different devices.

Many advertisers and service providers that perform advertising-related services for us participate in voluntary programs that provide tools to opt-out of such interest-based advertising such as the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding interest-based advertising for DAA members, visit https://youradchoices.com/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies also are members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/ . Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads (e.g., from other ad networks).

Information from Other Sources Provided to Us

We may obtain Personal Information about you that is publicly available, from affiliated entities, business partners, and other independent third-party sources and add it to other information about you.

Information Provided by You to Us

We collect Personal Information that you voluntarily provide to us when you use the Website. The Personal Information of yours that we collect depends on the context of your interactions with us and the Website, the choices you make, and the products and features you use. The Personal Information we collect may include the following:

Like many other Web sites, thompsoncreek.wpenginepowered.com makes use of log files. These files merely log the number of visitors to the site – usually a standard procedure for hosting companies and a part of a hosting service’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and, possibly, the number of clicks. This information is used to analyze trends, administer the site, track a user’s movement around the site, and gather demographic information.

How We Use Your Information

We use the Personal Information that we collect about you only for specific purposes. This includes but is not limited to offering our products and services to you, managing your access to and use of the Website and publishing any reviews, ratings, and photos, communicating with you about your account and experiences with us, or use of the Website to respond to or follow up on your comments and questions, and otherwise providing customer service, notifying you about changes to our terms or this Privacy Policy, asking you to leave a review or take a survey, operating and improving the Website, personalizing your experience on the Website, measuring interest in and improving the Website, notifying you about our promotions and special offers, letting you partake in a prize drawing or competition or completing a survey, protect, investigating and deterring against fraudulent, unauthorized or illegal activity, administering and protecting our business, and to resolving disputes or troubleshoot problems.

We may also use automated technologies, including an AI-powered voice agent, to contact you using the phone number you provide. This agent may be used to confirm receipt of your request, provide information about our products or services, assist with scheduling, or follow up on your inquiries. Any information collected during these interactions will be handled in accordance with this Privacy Policy. You may opt out of such communications at any time by following the instructions provided.

We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

• Where we need to perform a contract to be entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• With your consent. 
• Where we need to comply with a legal or regulatory obligation.

How We Protect Your Personal Information

We seek to maintain the integrity and security of your Personal Information. We have implemented and maintain appropriate physical, administrative, technical, and organizational measures to protect your Personal Information against unauthorized or unlawful access, use, or disclosure, and against accidental loss, damage, alteration, or destruction. We seek to store your Personal Information in secure operating environments that are not accessible to the public and to have security measures in place at our physical facilities to protect against the loss, misuse, or alteration of your Personal Information by our employees or third parties. However, no data transmission over the internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that your Personal Information will always be secure. We will rely on you telling us if you experience any unusual events that may indicate a breach in your information security. We will then seek to investigate whether this was related to the data transmissions from or to us and let you know what steps can be taken and have been taken to help rectify the problem.

With whom We share your Personal Information

We may share your Personal Information with our affiliates, distributors, or suppliers, and use it for promotional purposes. We may share your Personal Information with other parties, including service providers who work on our behalf. If we sell or divest our business or any part of it, and your Personal Information relates to such sold or divested part of our business, or if we merge with another business, we will share your Personal Information with the new owner of the business or our merger partner, respectively. If we are legally obliged to do so, we will share Personal Information to protect our customers, the Website, as well as our company, and our rights and property. In any instance in which we share or sell your Personal Information to a third-party or disclose it to a service provider or contractor for a business purpose, we will enter into an agreement with such third-party, service provider or contractor that: (1) specifies that the personal information is sold or disclosed by us only for limited and specified purposes; (2) obligates the third-party service provider or contractor to comply with applicable obligations under the relevant current legislation and obligate those persons to provide the same level or privacy protection as is required by relevant current legislation; (3) grants us the right to take reasonable and appropriate steps to help ensure that the third-party service provider or contractor uses the personal information transferred in a manner consistent with its obligations under relevant current legislation; (4) requires the third-party service provider or contractor to notify us if it makes a determination that it can no longer meet its obligations under this title; and (5) grants us the right, upon notice (including under the previous sentence (4)), to take reasonable and appropriate steps to stop and remediate unauthorized use of Personal Information.

The Website may offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

We may also share or disclose Personal Information if we believe, in our sole discretion, this to be necessary:

• to comply with legitimate and enforceable subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us;
• to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety, our users, or others; and in connection with our Terms of Use or other agreements, including with our partners or suppliers; 
• following a corporate transaction, such as divestiture, merger, acquisition, consolidation, or asset sale, or in the unlikely event of bankruptcy; 
• with law enforcement agencies and other governmental bodies (if we are legally obliged to do so).

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our site receives or the most popular products we sell. This information does not contain any Personal Information and is used to develop content and services we hope you will find of interest.

Videos

We track your video viewing activity on our platforms and select third-party social media channels. Your consent to this tracking allows us to improve the Website and provide relevant content. We may also share this information with third parties, including social media companies, to enhance your experience further.

Publicly Posted Information

Any information you voluntarily share on public platforms, such as social media networks or forums, may be collected and utilized in accordance with applicable laws and regulations.

Links to Non-Thompson Creek Platforms

The Website may provide links to non-Thompson Creek sites we believe may be of interest to you. If you access those links, you will leave the Website. We do not endorse or make any representations about third party platforms. The Personal Information you choose to give to third parties is not covered by this Privacy Policy. We encourage you to review the privacy policy of any company before submitting your Personal Information. Some third parties may choose to share their Personal Information with us; the sharing of that data is governed by the third party’s privacy policy.

Sweepstakes, Contests, and Promotions

From time to time, Thompson Creek may offer sweepstakes, contests, or other promotions (“Promotions”) through the Website. Participation in these Promotions may require you to provide certain Personal Information. We will use this information to administer the Promotion and for other purposes as disclosed in the official rules or terms of the Promotion.

Combined and Third-Party Information

We may combine the Personal Information you provide with information from our affiliates, trusted partners, and other reliable sources. This combined Personal Information helps us better understand your needs and preferences, allowing us to deliver personalized experiences and improve our services continually.

Third Party Pixels and Cookies

When you visit our Website, log in, register, or open an email from us, we or our third-party partners may use cookies, pixels, ad beacons, or similar technologies to associate these activities with other information they or others may have about you, including your email address. This information may be used to deliver more relevant advertising to you across other platforms and devices. In some cases, this process may involve matching your activity on our Website with your profile in third-party databases. 

To opt out of this type of advertising, you may visit: https://www.smartrecognition.com/database-opt-out. Additionally, you may opt out of receiving email marketing from us at any time by clicking the “unsubscribe” link located at the bottom of any marketing email you receive.

Children’s Privacy

We are committed to protecting children’s online privacy. Our services do not knowingly collect Personal Information from children under the age of 13. If you believe we have inadvertently collected such information, please contact us immediately, and we will take prompt action to remove it from our records.

Opt-Out

If you prefer not to receive marketing communications from us or do not want us to use your Personal Information for certain purposes, you may opt-out by:

• Email Opt-Out: You can unsubscribe from our marketing emails by following the instructions provided in the email or by contacting us at [email protected] with your request to be removed from our mailing list.
• Cookie Consent: You can manage your cookie preferences by adjusting your browser settings to block or delete cookies. Please note that disabling cookies may limit your ability to use certain features of the Website.
• Do Not Track Signals: Some web browsers offer a “Do Not Track” (“DNT”) signal. The Website do not currently respond to DNT signals.

Please note that even if you opt-out of receiving marketing communications, we may still send you transactional or administrative messages regarding your account or our business relationship.

Access and Correction 

Upon request and as required by law, we will grant an individual reasonable access to Personal Information that we hold regarding that individual. If an individual becomes aware that Personal Information that we maintain about him or her is inaccurate, or if an individual would like to update or review his or her Personal Information, the individual may contact us at [email protected].

SMS TERMS & CONDITIONS AND PRIVACY POLICY

We are offering a mobile messaging service (the “Service”), which you agree to use and participate in subject to these SMS Terms & Conditions and Privacy Policy. By opting in to or participating in our Services, you accept and agree to this SMS Terms & Conditions and Privacy Policy. This Agreement is limited to the Service and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts. 

User Opt-In: The Service allows users to receive SMS mobile messages by affirmatively opting into the Service through an online application. By participating in the Service, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

User Opt-Out: If you do not wish to continue participating in the Service or no longer agree to this Agreement, you agree to reply “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any mobile message from us in order to opt out of the Service. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable and valid methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable or valid means of opting out. 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above before ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of this SMS Terms & Conditions and Privacy Policy. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Services. 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. 

Service Description: Without limiting the scope of the Service, users that opt into the Service can expect to receive messages concerning the marketing and sale of our home improvement and remodeling products, services, and related software products and services. 

Cost and Frequency: Message and data rates may apply. The Service involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction(s) with us. 

Support Instructions: For support regarding the Service, text “HELP” to the number you received messages from or email us at [email protected]. Please note contacting us at this email address is not a reasonable or valid method of opting out of the Service. Opt-outs must be submitted in accordance with the procedures set forth above. 

Our Disclaimer of Warranty: The Service is offered on an “as-is” basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. 

Participant Requirements: You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

Age Restriction: You may not use the Services if you are under eighteen (18) years of age. By using the Services, you acknowledge and agree that you are at least eighteen (18).

Prohibited Content: You acknowledge and agree to not send any prohibited content via the Services. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; 
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; 
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; 
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; 
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and 
• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent. 

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Additional Terms and Conditions and perform your obligations hereunder, and nothing contained in this Agreement or the performance of such obligations will place you in breach of any other contract, agreement, or obligation. The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the extent necessary so that these Additional Terms and Conditions otherwise will remain in full force, effect, and enforceable. Any new features, changes, updates, or improvements of the Service shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified. 

Texting Privacy: We will only use the information you provide through the Service to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SERVICE TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Service for an ulterior purpose, We may refuse you access to the Service and pursue any appropriate legal remedies. 

VIRGINIA

Residents of Virginia may have certain privacy rights under the Virginia Consumer Data Protection Act (VCDPA) and other applicable state laws. These rights may include:

Right to Access and Data Portability

You have the right to request access to the personal information we have collected about you and, in some cases, request that we transmit this information to another party.

Right to Correct

You have the right to request correction of inaccurate personal information we have about you.

Right to Deletion

You have the right to request deletion of your personal information collected or maintained by us, subject to certain exceptions.

Right to Opt-Out of Sale

If Thompson Creek Window Company sells personal information as defined by the VCDPA, you have the right to opt-out of the sale of your personal information.

To exercise your rights under the VCDPA or other applicable Virginia laws, please contact us at [email protected]. We may need to verify your identity before processing your request, which may require you to provide additional information.

Please note that certain rights may be subject to limitations or exceptions under applicable law. We will not discriminate against you for exercising any of your rights under the VCDPA or other applicable Virginia laws.

If you have any questions or concerns regarding this policy, please reach out to us at [email protected].

DELAWARE

Delaware law provides Delaware residents with the rights listed below. 

Right to Access 

You have the right to know and see what personal data we have collected about you in a usable format, and to know the categories of third parties we have shared your data with.

Right to Delete 

You have the right to request that we delete the personal data we have collected about you, subject to applicable legal exceptions. 

Right to Correct

You have the right to request that we correct inaccurate personal data. 

Right to Opt Out of Targeted Advertising and Sale of Personal Data 

You have the right to “opt out” of “targeted advertising” and the “sale” of your “personal data” (as defined under Delaware law). 

We will not discriminate against you for exercising any of these rights.

EXERCISING YOUR DELAWARE PRIVACY RIGHTS

Making Access, Deletion, and Correction Requests 

To make an access, deletion, or correction request, please contact us at [email protected]. Before completing your request, we may need to verify your identity. 

Making Requests to Opt Out of Targeted Advertising or the Sale of Personal Data 

To submit a request to “opt out” of “targeted advertising” or the “sale” of your “personal data,” you may click on the “Do Not Sell or Share My Personal Information” link in our website footers or in our application settings, or you may choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out. 

Instructions for Using an Authorized Agent to Make Requests 

You may use an authorized agent to submit a request to opt out of targeted advertising or the sale of personal data. Authorized agents may submit such requests at [email protected]. Authorized agents will need to demonstrate that you have authorized them to act on your behalf. Thompson Creek Window Company retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. 

To appeal our decision regarding a request related to these rights, you may email us at [email protected].

DELAWARE PRIVACY DISCLOSURES

Information on who we are, the categories of personal information processed by Thompson Creek Window Company, the purposes for processing that information, including for targeted advertising, the categories of third parties with whom we share that information, the categories of personal data we share with third parties, which may include any of the categories of information we collect, the process for notifying you about changes to this notice, and how to contact us can be found in our Privacy Policy.

We may “sell” and process for “targeted advertising” (as defined by Delaware law) identifiers, demographic information, commercial information, Internet or other electronic network activity information, approximate geolocation, and inferences drawn from the above with business partners and other third parties as described in our Privacy Policy. 

If you have a question about our privacy practices, please send an email to [email protected].

NEW JERSEY

New Jersey law provides New Jersey residents with the rights listed below. 

Right to Access 

You have the right to know and see what personal data we have collected about you in a usable format (excluding trade secrets). 

Right to Delete 

You have the right to request that we delete the personal data we have collected about you, subject to applicable legal exceptions. 

Right to Correct 

You have the right to request that we correct inaccurate personal data. 

Right to Opt Out of Targeted Advertising and Sale of Personal Data 

You have the right to “opt out” of “targeted advertising” and the “sale” of your “personal data” (as defined under New Jersey law). 

We will not discriminate against you for exercising any of these rights. 

EXERCISING YOUR NEW JERSEY PRIVACY RIGHTS 

Making Access, Correction or Deletion Requests 

To make an access, deletion, or correction request, please contact us at [email protected]. Before completing your request, we may need to verify your identity. 

Making Requests to Opt Out of Targeted Advertising or the Sale of Personal Data 

To submit a request to “opt out” of “targeted advertising” or the “sale” of your “personal data,” you may click on the “Do Not Sell or Share My Personal Information” link in our website footers or in our application settings, or you may choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out. 

Instructions for Using an Authorized Agent to Make Requests 

You may use an authorized agent to submit a request to opt out of targeted advertising or the sale of personal data. Authorized agents may submit such requests at [email protected]. Authorized agents will need to demonstrate that you have authorized them to act on your behalf. Thompson Creek Window Company retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. 

To appeal our decision regarding a request related to these rights, you may email us at [email protected]. 

NEW JERSEY PRIVACY DISCLOSURES 

Information on who we are, the categories of personal information processed by Thompson Creek Window Company, the purposes for processing that information, including for targeted advertising, the categories of third parties with whom we share that information, the categories of personal data we share with third parties, which may include any of the categories of information we collect, the process for notifying you about changes to this notice, and how to contact us can be found in our Privacy Policy.

We may “sell” and process for “targeted advertising” (as defined by New Jersey law) identifiers, demographic information, commercial information, Internet or other electronic network activity information, approximate geolocation, and inferences drawn from the above with business partners and other third parties as described in our Privacy Policy. 

If you have a question about our privacy practices, please send an email to [email protected].

Other State Privacy Rights

Privacy laws in other states provide (now or in the future) their state residents with rights to:

Confirm whether we process their personal information

Access and delete certain personal information

Correct inaccuracies in their personal information, under certain state law, after taking into account the information’s nature processing purpose

Data portability

Opt-out of personal data processing for targeted advertising sales or profiling in furtherance of decisions that produce legal or similarly significant effects 

Either limit (opt-out of) or require consent to process sensitive personal data. 

The exact scope of these rights may vary by state. To exercise any of these rights please write to [email protected].

ARBITRATION OF DISPUTES

YOU AND THOMPSON CREEK WINDOW COMPANY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES (HEREAFTER REFERRED TO AS A “CLAIM”) ARISING UNDER OR RELATING TO YOUR USE OF (I) THE WEBSITE, (II) YOU ENTERING INFORMATION OR DATA INTO THE FORMS CONTAINED ON THE WEBSITE, OR (III) ANY HOME IMPROVEMENT AGREEMENT BETWEEN YOU AND THOMPSON CREEK WINDOW COMPANY (“OUR AGREEMENT”), INCLUDING BY WAY OF EXAMPLE AND NOT AS A LIMITATION: (I) THE RELATIONSHIPS RESULTING FROM OUR AGREEMENT, CALLS, TEXTS OR EMAILS MADE TO YOU OR SENT TO YOU AND ANY THE WORK AND TRANSACTIONS ARISING AS A RESULT THEREOF INCLUDING ANY FEDERAL OR STATE STATUTORY OR REGULATORY CLAIMS; (II) THE BREACH OR ALLEGED BREACH OF OUR AGREEMENT; OR (III) THE VALIDITY OF OUR AGREEMENT OR THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION OF DISPUTES PROVISION (“PROVISION”), SHALL BE SUBJECT TO THE TERMS SET FORTH IN THIS PROVISION.

YOU AGREE THAT YOU WILL ASSERT A CLAIM ONLY ON BEHALF OF YOUR OWN SELF AND THAT YOU WILL NOT ASSERT A CLAIM ON BEHALF OF, OR AS A MEMBER OF, A CLASS OR GROUP IN EITHER AN ARBITRATION PROCEEDING, A PRIVATE ATTORNEY GENERAL ACTION OR IN ANY OTHER FORUM OR ACTION. NOTWITHSTANDING ANY OTHER LANGUAGE IN THIS PROVISION, ONLY A COURT, NOT AN ARBITRATOR, WILL DECIDE CLAIMS ABOUT THE VALIDITY, ENFORCEABILITY, COVERAGE, OR SCOPE OF THIS PROVISION OR ANY PART OF THIS PROVISION. HOWEVER, ANY CLAIM THAT CONCERNS THE VALIDITY OR ENFORCEABILITY OF OUR AGREEMENT AS A WHOLE IS FOR THE ARBITRATOR, NOT A COURT, TO DECIDE. IF A COURT DETERMINES THAT THIS PROVISION IS NOT FULLY ENFORCEABLE, THE COURT’S DETERMINATION SHALL BE SUBJECT TO APPEAL. THIS PROVISION DOES NOT APPLY TO ANY LAWSUIT OR ADMINISTRATIVE PROCEEDING FILED AGAINST THOMPSON CREEK WINDOW COMPANY BY A STATE OR FEDERAL GOVERNMENT AGENCY EVEN WHEN SUCH AGENCY IS SEEKING RELIEF ON BEHALF OF A CLASS OF CONSUMERS. THIS MEANS THAT THOMPSON CREEK WINDOW COMPANY WILL NOT HAVE THE RIGHT TO COMPEL ARBITRATION OF ANY CLAIM BROUGHT BY SUCH AN AGENCY.

ANY CLAIM MAY, AT THE OPTION OF EITHER YOU OR THOMPSON CREEK WINDOW COMPANY, BE ADJUDICATED BY FINAL AND BINDING ARBITRATION BY ONE ARBITRATOR IN ACCORDANCE WITH THE APPLICABLE RULES OF FORUM (“FORUM”) IN EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS MADE. NOTICE OF THE DEMAND FOR ARBITRATION SHALL BE FILED WITH FORUM BY THE PARTY ASSERTING THE CLAIM, AND THE DEMAND SHALL BE COPIED TO THE OTHER PARTY TO OUR AGREEMENT. FURTHER INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY OFFICE OF FORUM, WWW.ADRFORUM.COM, OR BY MAIL AT 6465 WAYZATA BLVD., SUITE 480 MINNEAPOLIS, MN 55426 ATTN: CASE COORDINATOR. IF FORUM IS UNABLE OR UNWILLING TO ARBITRATE THE CLAIM, THE PARTIES SHALL UTILIZE JAMS, 620 EIGHTH AVENUE, 34TH FLOOR, NEW YORK, NY 10018, WWW.JAMSADR.COM, (800) 352-5267. IF JAMS IS UNABLE OR UNWILLING TO ARBITRATE THE CLAIM, THEN THE COURT MAY APPOINT AN ARBITRATOR.

THE DEMAND FOR ARBITRATION SHALL BE MADE BY THE PARTY ASSERTING OR COMPELLING THE ARBITRATION WITHIN A REASONABLE TIME AFTER THE CLAIM IN QUESTION HAS ARISEN, AND IN NO EVENT SHALL THE DEMAND BE MADE AFTER THE DATE WHEN INSTITUTION OF LEGAL OR EQUITABLE PROCEEDINGS BASED ON SUCH CLAIM WOULD BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS. IF A PARTY FILES A LAWSUIT IN COURT ASSERTING CLAIM(S) THAT ARE SUBJECT TO ARBITRATION AND THE OTHER PARTY FILES A MOTION WITH THE COURT TO COMPEL ARBITRATION, WHICH IS GRANTED, IT WILL BE THE RESPONSIBILITY OF THE PARTY ASSERTING THE CLAIM(S) TO COMMENCE THE ARBITRATION PROCEEDING. THE ARBITRATION SHALL BE HELD AND ARBITRATED IN THE COUNTY AND STATE IN WHICH YOU RESIDED DURING YOUR WORK WITH COMPANY.

THE SALE TRANSACTIONS AND FINANCE TRANSACTIONS (IF ANY) UNDER OUR AGREEMENT INVOLVE INTERSTATE COMMERCE AND ARE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). ACCORDINGLY, THIS PROVISION IS GOVERNED BY THE FAA, 9 U.S.C. SECTIONS 1 ET SEQ. THE APPOINTED ARBITRATOR MUST BE A LAWYER WITH AT LEAST TEN YEARS OF LEGAL EXPERIENCE. ONCE APPOINTED. THE ARBITRATOR MUST APPLY THE SAME FEDERAL LAW OR THE LAW OF THE STATE IN WHICH THE SERVICES WERE PRIMARILY RENDERED FOR SUBSTANTIVE LAW AND LAW OF REMEDIES AND LEGAL PRINCIPLES, CONSISTENT WITH THE FAA, THAT WOULD APPLY IN COURT BUT MAY USE DIFFERENT PROCEDURAL RULES. PARTICIPATION BY ANY PARTY IN THE ARBITRATION MAY TAKE PLACE BY TELEPHONE. IF THE ARBITRATION FORUM’S RULES CONFLICT WITH THIS PROVISION, THIS PROVISION WILL CONTROL.

ANY CLAIM MAY, AT THE OPTION OF THE PARTY RECEIVING THE DEMAND FOR ARBITRATION (THE PARTY NOT ASSERTING THE CLAIM) BE FIRST SUBMITTED TO A NON-BINDING MEDIATION PROCESS GOVERNED BY THE THEN-APPLICABLE RULES OF MEDIATION ESTABLISHED BY THE ARBITRATION FORUM. THE MEDIATION SHALL BE ELECTED WITHIN SEVEN DAYS OF RECEIPT OF THE DEMAND FOR ARBITRATION AND COMPLETED WITHIN THIRTY DAYS THEREAFTER. THE MEDIATION ITSELF SHALL NOT LAST MORE THAN FOUR HOURS, AND THE COSTS OF THE MEDIATION, OTHER THAN LEGAL FEES, WHICH ARE TO BE BORNE BY EACH PARTY, SHALL BE PAID ENTIRELY BY THE PARTY ELECTING THE MEDIATION.

THE PARTIES SHALL SHARE EQUALLY IN ANY APPLICABLE FILING FEES AND COSTS OF THE ARBITRATION UNLESS YOU CAN REASONABLY ESTABLISH TO THOMPSON CREEK WINDOW COMPANY THAT YOU ARE FINANCIALLY BURDENED BY PAYING THE INITIAL CASE OR FILING FEES OF THE ARBITRATION, IN WHICH CASE, THOMPSON CREEK WINDOW COMPANY SHALL BE RESPONSIBLE FOR THE INITIAL CASE OR FILING FEES. THE FINDINGS OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON ALL PARTIES TO THIS AGREEMENT AND MAY INCLUDE AN AWARD OR REIMBURSEMENT OF FILING FEES THAT HAVE BEEN PAID BY ONE PARTY OR THE OTHER. OTHER THAN AS REQUIRED BY LAW OR AS DETERMINED BY THE ARBITRATOR IN ACCORDANCE WITH APPLICABLE LAW, EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN LEGAL FEES.

ANY ARBITRATION PROCEEDING BROUGHT UNDER THIS PROVISION, AND ANY AWARD, FINDING, OR VERDICT OF OR FROM SUCH PROCEEDING SHALL REMAIN CONFIDENTIAL BETWEEN THE PARTIES AND SHALL NOT BE MADE PUBLIC. THE PARTIES SHALL ALLOW AND PARTICIPATE IN DISCOVERY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE FOR A LIMITED PERIOD OF NINETY (90) DAYS AFTER THE FILING OF THE ANSWER OR OTHER RESPONSIVE PLEADING. UNRESOLVED DISCOVERY DISPUTES MAY BE BROUGHT TO THE ATTENTION OF, AND MAY BE DISPOSED BY, THE ARBITRATOR. EITHER YOU OR THOMPSON CREEK WINDOE COMPANY MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION, IF NECESSARY, TO COMPEL ARBITRATION UNDER THIS PROVISION, TO OBTAIN PRELIMINARY RELIEF IN SUPPORT OF A CLAIM TO BE ADJUDICATED BY ARBITRATION, OR TO ENFORCE AN ARBITRATION AWARD. A JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. IF ANY TERM OR CLAUSE OF THIS PROVISION IS FOUND TO BE UNENFORCEABLE OR IN VIOLATION OF APPLICABLE STATE LAW, THE PARTIES SHALL TREAT THIS PROVISION AS IF THAT TERM OR CLAUSE DID NOT EXIST, AND THE REMAINDER OF THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT, OTHER THAN AS DISCUSSED PREVIOUSLY IN REGARD TO THE WAIVER OF CLASS OR REPRESENTATIVE ACTIONS BEING APPEALABLE.

NO ARBITRATION PROCEEDING BROUGHT UNDER THIS PROVISION SHALL INCLUDE BY CONSOLIDATION, JOINDER, OR IN ANY OTHER MANNER ANY OTHER PERSON OR ENTITY WHO IS NOT A PARTY TO THIS AGREEMENT UNLESS (I) THE INCLUSION OF SUCH PERSON OR ENTITY IS NECESSARY IF COMPLETE RELIEF IS TO BE AFFORDED AMONG THOSE WHO ARE ALREADY PARTIES TO THE ARBITRATION, AND/OR SUCH OTHER PERSON OR ENTITY IS SUBSTANTIALLY INVOLVED IN A QUESTION OF LAW OR FACT THAT IS COMMON TO THOSE WHO ARE ALREADY PARTIES TO THE ARBITRATION AND THAT WILL ARISE IN SUCH PROCEEDING; AND (II) THE WRITTEN CONSENT OF THE OTHER PERSON OR ENTITY SOUGHT TO BE INCLUDED AND THE WRITTEN CONSENT OF EACH PARTY TO THIS AGREEMENT HAS BEEN OBTAINED FOR SUCH INCLUSION.

THE PARTIES ARE HEREBY AGREEING TO POTENTIALLY CHOOSE ARBITRATION, RATHER THAN LITIGATION OR SOME OTHER MEANS OF DISPUTE RESOLUTION TO ADDRESS OUR GRIEVANCES OR ALLEGED GRIEVANCES WITH THE EXPECTATION THAT THIS RESOLUTION PROCESS MAY BE MORE COST-EFFECTIVE AND EXPEDIENT FOR THE PARTIES THAN LITIGATION. BY ENTERING INTO THIS AGREEMENT AND THIS ‘ARBITRATION OF DISPUTES’ PROVISION, BOTH PARTIES ARE POTENTIALLY GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE POTENTIALLY ACCEPTING THE USE OF ARBITRATION, EXCEPT THAT IF THERE IS A SMALL CLAIMS COURT (OR AN EQUIVALENT TYPE OF COURT) LOCATED WITHIN THE COUNTY AND STATE IN WHICH YOU RESIDE, THEN YOU MAY, IN ACCORDANCE WITH THE RULES OF THAT SMALL CLAIMS COURT, CHOOSE TO BRING (AND MUST THEN KEEP) YOUR OWN CLAIM IN THAT SMALL CLAIMS COURT.