Online Privacy Notice for California Residents

Applicability

This Privacy Notice for California Residents supplements the information contained in our online privacy policy (https://www.aegion.com/privacy) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.

 

Introduction

Aegion Corporation and its wholly owned subsidiaries are committed to respecting the privacy of the personal data of the individuals with whom we interact. This notice explains the steps we take to protect personal data that we collect, including on our websites or related communication channels (including but not limited to our social media pages and/or channels) (“Aegion pages”).

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).

In most instances, you can visit Aegion pages without providing any personal information. However, on some pages, we may ask you for personal data to provide a service or carry out a transaction you request. The personal information that we have collected from our consumers within the last twelve (12) months includes:

 

  • Contact details, such as your name, title, company/organization name, email address, telephone and fax numbers, and physical address

  • Information about your company and job position

  • Your preferences with respect to email marketing

  • Your inquiries about and orders for our products and services, as well as information that assists us in identifying the best products and services for you

  • Feedback from you about our products and services, including our websites

  • Any

    other information that you choose to provide by:

    • using the “contact us” or “e-mail alert” portion of our Aegion pages;

    • applying for a position with Aegion through this website; or

    • corresponding with a representative of Aegion via e-mail using the hyperlinks created for that purpose.

 

You are not required to provide this information. However, if you choose not to, we may not be able to provide you the requested service or complete your transaction.

Data collected by automated means. We collect certain data about all visitors to our websites, including what pages they view, the number of bytes transferred, the links they click, and other actions taken within our websites. On websites to which you logon, we may connect this information with your identity to determine your potential interests in our products and services. We may also use this information to improve our security measures. We also collect certain standard information that your browser sends to every website you visit, such as your Internet Protocol (IP) address, your browser type and capabilities and language, your operating system, the date and time you access the site, and the website from which you linked to our site.

Children Under the Age of 16.  Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us by calling us at 833-530-8020 or sending an email to Compliance@aegion.com

 

Our Use of Personal Data

We will use personal data only for the purposes set forth below.

Services and transactions. We use personal data to deliver services or execute transactions you request, such as providing information about Aegion products and services, processing orders, answering customer service requests, facilitating use of our websites, and so forth. In order to offer you a more consistent experience in interacting with Aegion, information collected by our Aegion pages may be combined with information we collect by other means.


Website improvement. We may use data about you to improve our websites (including our security measures) and related products or services, or to make our websites easier to use by eliminating the need for you to repeatedly enter the same information, or by customizing our websites to your particular preference or interests.


Employment Applications. In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background, résumé or curriculum vitae, and other information, including your ethnicity where required or permitted by law. We may use this information throughout Aegion, its subsidiaries and affiliates, and its joint ventures for the purpose of employment consideration. We will keep the information for future consideration unless you direct us not to do so.

 

 

Data Sharing

WE DO NOT SELL PERSONAL INFORMATION:  We do not sell, rent or otherwise disclose the personal data that we collect for monetary or other valuable consideration. We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Aegion (or subsidiary) assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Aegion about our Website users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

 

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our terms of use (

    https://www.aegion.com/terms-conditions) and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Aegion, our customers, or others.

 

We may collect, use or disclose your personal data without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

 

Our Use of Cookies and Web Beacons

Cookies are small files that websites save to your hard disk or to your browser’s memory. Our websites may use them to track the number of times you have visited the website, to track the number of visitors to the website, to determine and analyze visitors’ use of our websites, to store data that you provide (such as your preferences), and to store technical information related to your interactions with our websites. We may also use session cookies, which are deleted when you close your browser, to store your user ID, to facilitate your movement around our websites (particularly in connection with information searches and order placement) and other information useful in administering the session.


Our sites also may contain electronic images known as Web beacons—sometimes called single-pixel gifs—that allow us to count the number of users who have visited those pages. We may include Web beacons in promotional email messages or newsletters in order to determine whether messages have been opened and acted upon, including whether the recipient clicked on a link in the email or forwarded the email to another person.

Adjusting Browser Settings to Manage Cookies or Send “Do Not Track” Signals.  Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose not to accept cookies, you may not be able to experience all of the features of our websites. Internet browsers also enable you to delete existing cookies, although this means that your existing settings (including stored user IDs and other preferences) will be lost.  Some web browsers may also give you the ability to enable a “do not track” setting. This setting sends a signal to the websites you encounter while web browsing. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled may still accept cookies. Aegion does not respond to web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this privacy notice.

 

Google Products and Services.  Our websites use Google products and services, provided by Google, Inc. (“Google”). Google uses cookies to help our websites analyze how users use our sites. The information generated by the cookie about your use of our websites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our websites, compiling reports on website activity, and providing other services relating to website activity and internet usage for Aegion and its affiliates. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.


Links to Other Websites

Our website contains links to other websites, including those of certain of our international subsidiaries and to relevant industry organizations and associations. We provide these links for our visitors’ convenience only. If visitors choose to visit any linked websites, they should review the privacy notices for those sites. We are not responsible for any use of these linked sites, the content of these sites or the products or services that may be offered through these sites.

 

Security

Aegion is committed to protecting the security of personal data. While no security measure can guarantee against compromise, we use a variety of security technologies and procedures to help protect data from unauthorized access, use, or disclosure. For example, we store the personal data you provide on computer systems with limited access that are located in facilities to which access is limited. When you move around a site to which you have logged in, or from one site to another that uses the same login mechanism, we verify your identity by means of an encrypted cookie placed on your machine. When you place an order with us, view account information, or provide financial information, we protect the transmission of such data using Secure Socket Layer (SSL) encryption.


For sites to which you log in, it is your responsibility to ensure the security of your password and to not reveal this information to others. If you are sharing a computer with anyone, you should always log out before leaving a website so that subsequent users will not be able to access your data.

 

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Access to Specific Information and Data Portability Rights

 

You have the right to request that Aegion disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained. Please note that we will not sell your personal information.

You may have the right to request that Aegion delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by one of the following methods:

  • Filling out the form available

    HERE

  • Calling us at

    833-530-8020

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.

 

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days, for a total of 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Aegion does not share your personal information with third parties for their direct marketing purposes and will

obtain your opt-in consent for any such disclosure to affiliates or other third parties for their direct marketing purposes.

 

Changes to Our Privacy Notice

 

Aegion reserves the right to amend this privacy notice at our discretion and at any time, provided however that we will not amend this policy at any time to allow for your personal information to be disclosed to third parties for direct marketing purposes.  When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes. 

 

This privacy notice is effective January 1, 2020.

 

Aegion Corporation

17988 Edison Avenue

St. Louis, MO 63005