Metal Exchange is committed to protecting your privacy. This Privacy Policy (“Privacy Policy”) applies to all information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household (“Personal Information”) submitted by you on or through the Services, including through your Account and the Customer Portal (as defined in the Terms), and it explains the type of Personal Information we may collect and how we may use it. This Privacy Policy describes our general practices relating to the collection, use and disclosure of data relating to our websites’ (“Sites”) and physical sites’ visitors, and individuals within our client, supplier and business partner organizations with whom we have or contemplated a business relationship. Please read this Privacy Policy carefully to be aware of our privacy protection procedures and the use of your Personal Information provided to us. The privacy practices regarding information submitted by employees via our Employee Portal (“Employee Portal”) will be addressed in separate privacy disclosures and are not covered by this Privacy Policy.
Types Of Personal Information We Collect
We may collect, or may have collected in the prior 12 months, the following types of Personal Information about you when you use our Services for the purposes described below:
- Contact Information/Identifiers, including name, email address, postal address, phone number, username, business contact information, or other similar identifiers and Account information.
- Government Identifiers, including driver’s license number and Social Security number (which, in certain instances, may be considered sensitive Personal Information).
- Information Specific to the Services (including MECPlus), in certain instances, such as name, company information, username and password, and other information regarding product inquiries.
- Demographic Information, including age and gender, some of which may include characteristics of protected classifications under state or federal law.
- Device Information and Other Unique Identifiers, device identifier, internet protocol (IP) address, or similar unique identifiers.
- Internet or Other Network Activity, including browsing or search history, and information regarding your interactions with our websites, mobile applications, emails, or advertisements.
- Geolocation Data, including information that permits us to determine your location, such as if you manually provide location information or enable your mobile device to send us precise location information.
- Payment Information, including credit or debit card number, or other financial information.
- Inferences, inferences drawn from or created based on any of the information identified in this section.
We do not collect sensitive or special Personal Information through our Site. If you provide us with sensitive or special Personal Data, the provision of that Personal Information is voluntary.
If you do not provide us with certain Personal Information, we may not be able to fulfill the requested purpose of collection, such as to respond to your queries or request for customer service or to provide the full functionality of our Site or Services to you. However, unless otherwise specified, not providing your Personal Information will not result in legal or other consequences to you.
In addition to the Personal Information that we collect from you or from our Users directly, we may also receive Personal Information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.
Use And Processing Of Personal Information
We use your Personal Information, including sensitive Personal Information, for the following purposes associated with our general business operations. We may use Personal Information in the following ways:
- To provide you the Services.
- To enable you to access and use our Sites.
- To identify you when you use our Services.
- To administer Accounts.
- To improve our Services and Items and conduct related analysis.
- To respond to inquiries related to support, employment opportunities, or other requests.
- To send marketing and promotional materials, including information relating to our Services, Items, sales, or promotions.
- To administer, maintain, evaluate, and improve our websites and Services, and to develop new products and services.
- To conduct research and analytics related to our websites and Services.
- To conduct our business operations, perform our obligations and exercise our rights under any agreement that you have with us.
- To comply with legal or regulatory obligations, to establish our rights, and to defend against a legal claim.
- To detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies, procedures, and terms and conditions, security incidents, and harm to the rights, property, or safety of Metal Exchange and our users, customers, employees, or others.
- For internal administrative purposes, as well as to manage our relationships.
- For other purposes with your consent, or as otherwise permitted or required by applicable law.
Although the sections above describe our primary purpose in collecting your Personal Information, in many situations we have more than one purpose. For example, if you purchase an Item from us, we collect your Personal Information to fulfill your order, but we also collect your Personal Information because we have a legitimate interest in understanding who our Users are and what Services we perform on their behalf. As a result, our collection and processing of your Personal Information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
Disclosure Of Personal Information
In addition to the specific situations discussed elsewhere in this Privacy Policy, we may disclose, or have disclosed in the prior 12 months, Personal Information in the following situations:
- Affiliates and Acquisitions. We may disclose Personal Information to our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or anticipates acquiring, our company, business, or our assets, we may also disclose Personal Information to that company.
- Other Disclosures with Your Consent. We may ask if you would like us to disclose your Personal Information with unaffiliated third parties who are not described elsewhere in this policy.
- Other Disclosures without Your Consent. We may disclose Personal Information in response to subpoenas, warrants, discovery requests, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also disclose your Personal Information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of Items to, or the provision of Services by, a third party intermediary.
- Service Providers. We may disclose your Personal Information to service providers. Among other things, service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
- Additional Disclosures. From time to time we disclose your Personal Information to our attorneys, banks, auditors, and other professional service providers and advisors in connection with the purposes described above.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties except for the Service Provider that administers our text messaging program.
Legal Basis of Processing
We process your Personal Data for the purposes described in this Privacy Policy based on the following legal grounds:
- With Your Consent: We ask for your consent to process your Personal Data for specific purposes.
- When Pursuing Legitimate Interests: We process your Personal Data for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy.
- To Perform a Contract With You: We will process your Personal Data when processing of your Personal Data is necessary for the execution or performance of a contract with you.
- When we have Legal Obligations: We will process your Personal Data when we have a legal obligation to do so, for example, if we’re responding to a legal process or an enforceable government request.
The provision of your Personal Data is partly a statutory requirement and partly a contractual obligation.
Your Choices
You can make the following choices regarding your Personal Information:
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send promotional materials to you. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
- Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with "NO SNAIL MAIL" in the subject line along with your name, address and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
Depending upon where you are located, you may also have the right to exercise the following options with regard to your Personal Information:
- Access To Your Personal Information. We will grant you, where required by law, reasonable access to the Personal Information that we have about you. You may request access to your Personal Information by contacting us at the address described below.
- Changes To Your Personal Information. You can contact us at the address described below in order to request that your Personal Information be corrected or modified.
- Deletion Of Your Personal Information. We typically retain Personal Information that we collect on our own behalf for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. Where required by law, you may request Personal Information about how long we keep a specific type of Personal Information, or request that we delete your Personal Information, by contacting us at the address described below.
- Revocation Of Consent Or Objections. Where required by applicable law, you may revoke consent to processing (where our processing is based upon consent), or object to our processing (where our processing is not based upon your consent) by contacting us at the address described below. If you revoke your consent / object we may no longer be able to provide you Services. In some cases, we may limit or deny your request to revoke consent / object if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
- Right To Data Portability. You may have the right to request that we transfer the Personal Information we have collected about you to another organization, or directly to you, in a structured, commonly used, and machine-readable format, under certain conditions.
- Right To Opt-Out Of The Sale Or Sharing Of Personal Information. At the current time, we do not sell or share (as the term is defined by certain privacy laws) your Personal Information with third parties for their marketing purposes.
- Right To Opt-Out Of Targeted Advertising. At the current time, we do not engage in targeted advertising through the use of behavioral advertising cookies.
- Right To Opt-Out Of Profiling. At the current time, we do not engage in profiling in such a way that may be opted out of.
- Right To Limit The Use And Disclosure Of Sensitive Personal Information. We will only use sensitive or special Personal Information as needed for the purposes for which it was collected. If this changes, we will notify you, and you may have the right to restrict such additional uses.
We do not discriminate against individuals who exercise any of their rights described in this Policy. In certain jurisdictions, a person authorized to act on your behalf may make a verifiable consumer request related to your Personal Information. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent with such permission. Specifically, you must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.
Your verifiable request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
How We Protect Personal Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of any unauthorized access to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
You will not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Services through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised.
Cookies and Other Online Technologies
This Cookie Policy describes how and when we use different types of cookies when you visit our website, whether accessed through a computer, tablet, smartphone, or other device. Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Cookies are small text files that are placed on your computer by websites that you visit that enable websites to recognize you and remember important information that will make your use of a website more convenient (for example by remembering preference settings).
We use first party and third-party cookies for several reasons. First party cookies are the cookies served by the owner of the domain, and third party cookies are cookies placed on our domains by trusted partners that we’ve allowed to do so. Some cookies are required for technical reasons and other cookies enable us to enhance the experience on our website.
What Types of Cookies Do We Use?
We use a variety of cookie types as described below:
- Strictly Necessary Cookies. Strictly necessary cookies are necessary for our website to work and to enable you to move around it and to use its features. Without these cookies, websites will not perform as intended and we may not be able to provide our website or certain services or features you request.
- Analytics Cookies. Analytics cookies collect information, including Personal Information, about your use of the website, and enable us to improve the way it works. For example, analytics cookies show us which are the most frequently visited pages on a website and help us record any difficulties you have with a website. This allows us to see the overall patterns of usage, rather than the usage of a single person.
- Google Analytics. We use a tool called “Google Analytics” to collect information, including Personal Information, about your use of our website. We use the information we get from Google Analytics to improve our website. In order to collect this information, Google Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics with Personal Information. Google’s ability to use and disclose information collected by Google Analytics about your use of the website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy available at: https://www.google.com/policies/privacy.
Miscellaneous
The following additional information relates to our privacy practices:
- Transmission Of Information To Other Countries. By submitting your business information or Personal Information to us you agree to the transfer, storage and processing of the information in a country other than your country of residence, including, but not necessarily limited to, the United States and Canada. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.
- Changes To This Privacy Policy. We may change our Privacy Policy and practices over time. To the extent that our Privacy Policy changes in a material way, the Privacy Policy that was in place at the time that you submitted Personal Information to us will generally govern that information unless we receive your consent to the new Privacy Policy. Our Privacy Policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.
- Retention. How long we retain your Personal Information depends on the context in which, and purpose for which, we collect it. We generally retain Personal Information for as long as necessary for achieving the purpose for which it was collected, unless a different retention period is required by applicable law.
- Children’s Privacy. We do not knowingly collect Personal Information from individuals under the age of 18, and users under the age of 18 should not submit any Personal Information to us. If you learn that your child has provided us with Personal Information without your consent and the child is under the age of 18, please alert us by contacting us as stated below in the “Contact Information” section.
- Linked Third-Party Sites. We may provide links to other third-party websites through the Services solely as a convenience to you. However, such linking does not mean, and should not be interpreted to mean, that Metal Exchange endorses, is affiliated with or makes any representations concerning such third-party websites. Metal Exchange neither reviews, nor controls, nor is responsible for these third-party sites or any content therein. By using such links, you will leave the Services. If you decide to access any of the third-party sites linked to the Services, you do so entirely at your own risk. Metal Exchange shall not be liable for any consequences arising from use of any third-party websites to which the Services link.
Contact Information
If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.
World Headquarters
111 West Port Plaza Dr.
Suite 300
St. Louis, MO 63146
314-542-7350
info@metalexchangecorp.com
If you are not satisfied with our response, you may have a right to lodge a complaint with your local supervisory authority, depending on where you are located.
Effective Date: September 2024
Last Updated Date: September 2024
