Privacy Policy

Effective Date: September 12, 2024

General Information  

1. Purpose

   1. Action Asphalt & Concrete, a California corporation and its affiliates (“we,” “us,” “our”) are committed to protecting the privacy of your personal data defined herein (the “Information”). Action Asphalt & Concrete  operates the ActionAsphalt.com website or offers products on a subscription basis (the collectively called “Service”). This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
   2. Terms of Use. If you have any dispute over the privacy of your information, the dispute is subject to this Privacy Policy and our  Terms of Use listed on our website, including limitation of liability, user disputes and release, and application of Commonwealth of Massachusetts law.
   3. About This Privacy Policy This Privacy Policy and any other documents referred to in this Privacy Policy describe what Information we collect and how we use that Information, as well as your choices regarding use, access, and collection of such Information. Changes we make to this Privacy Policy will be made by updating this page. If the Privacy Policy is updated, we will place the modified version here along with an updated revision date. By continuing to use our Website, our Service, attending our events, or providing your Information for sales and marketing purposes after such revisions are in effect, you accept and agree to the revisions. 

2. Scope of this Privacy Notice

   This Privacy Notice applies to (a) what personal information we collect, (b) why we collect it and (c) how we use that personal information. To be clear, this Privacy Notice does not cover any personal information our customers choose to collect and share with us, where we are the not the business or controller, but rather the service provider acting on behalf of our customers. Our website (“Site”) and Services may contain links to other websites, applications and services from third-parties. The privacy and data security practices of those third-party sites are governed by the privacy policies of those third-parties and not us

3. Collection of Personal Information and Purposes of Use

   1. Collection of Personal Information and Its Use The personal information Action Asphalt & Concrete collects is generally determined by you and your interaction with us, our partners, and other resources.
   2. How and where does Action Asphalt & Concrete collect Personal Information?  Action Asphalt & Concrete  collects information relating to or identifying individuals (“Personal Information”) from business prospects, clients, participants at events, business partners and vendors and their employees, advisors, contractors and individuals who choose to use our Services on others’ behalf (collectively, “Individuals”) who:
   • Visit our Site.
   • Visit our offices.
   • Receive or send communications from/to us, including email, phone calls, and mail.
   • Uses or evaluates our Services as a customers or authorized user.
   • Register for, attend and/or otherwise take part in our events, webinars, etc.
   • Download or otherwise engage our content, media or publications;
   • Submit a request for customer support or information.
   • Apply to work with us, view or share job postings.
   • Work at a partner or supplier of ours and interact with us in the course of doing business or contemplating doing business with us.

4. We collect Personal Information from a variety of sources, including but not limited to:

   • The person who is giving us their personal information.
   • Customers who give us personal information on behalf of employees who use our Services.
   • Publicly available sources (such as a LinkedIn profile).
   • Business partners, service providers and/or vendors.

5. What type of Personal Information do we typically collect?

   • Name and email, possibly a phone number.
   • User business name and business’s address.
   • Download and/or use of content, media or publication.
   • Information in connection with your use of the Site, including IP address, pages and files viewed, operating system, searches, system configuration, country, and date/time stamps associated with Site usage. 

6. What Personal Information do we collect automatically?

   When using our Services, in particular this Site, we collect information about the device or browser you use to navigate the Site or from your use of the Services, including:

   1. Cookies. When you use or visit our Services, we use may install one or more cookies — small text files containing a string of alphanumeric characters — to your computer or device to identify your browser, computer, or device. A cookie may also convey other information, such as your Internet Protocol (IP) address; device identifiers; browser settings and specification and information about how you use the Service (e.g., the pages you view, the links you click, features and functionalities you utilize, how frequently you access the Service, and other actions you take on the Service). Cookies also allow tracking of your usage of the Service over time. We do not use cookies or other devices to track you across the web. We can see how you use our Services, but that is all the information we collect, and in most cases that data does not individually identify you, but uses that information as part of a larger group of data to help us understand what is going on with our business, not your business.
   2. Log Files. We may record/log your activity each time you access the Services. This information may include your requests or actions; IP address; browser type; unique device identifiers; information about your device; how you interact with links, features, or functionalities on the Service.
   • Clear Gifs.We may employ clear gifs (also known as web beacons or pixel tags) which collect information about you, your requests or actions; IP address; unique device identifiers; browser type; information about your device; how you interact with links, features, or functionalities of the Service; information about cookies; all of which can show your Service usage patterns of our Services. Again, this is information about our business, not yours.We use or may use the data collected through these technologies to: (a) remember information so you will not need to re-enter it the next time you access the Services; (b) identify you across multiple devices so access to the Action Asphalt & Concrete  is uninterrupted; (c) provide and monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Services; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Services.

     If you would prefer to avoid cookies, most browsers allow you to: (i) change settings to notify you when you receive a cookie, allowing you to accept it or not; (ii) disable existing cookies; or (iii) set the browser to automatically reject cookies. Note doing so may completely hijack your ability to use our Services. If we can’t recognize you as a user, then that is going to negatively impact your experience using our Services, as certain functions may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies.

     For more information about how we use Cookies, please refer to our Cookie Policy.

7. How We Use the Data

   . Action Asphalt & Concrete collects Personal Information for a number of purposes, including but not only the following:

   1. Providing the Services, including:
      • Promoting the security of our Site and Services by tracking use, enforcing our terms and policies, investigating and preventing fraudulent, suspicious or illegal acts, and seeking to prevent any unauthorized access to the Services.
      • Operating and maintaining the Services (e.g., billing and account management).
      • Responding to inquiries for action, support and/or information.
      • Sending technical alerts, updates, or security notifications, plus other Services related communications.
   2. Pursue Legitimate Business Interests:
      • Meeting contractual obligations to customers and partners.
      • Registering visitors to our offices for security purposes.
      • Enabling us to understand and engage with those interested in our Services and content.
      • Analyzing customers’ use of the Services and Site for trends, marketing, advertising, improvements, security purposes and continued proper functioning.
      • To send marketing messages about us and the events we are host or participate in.

8. Legal Obligations:

   • Working to meet legal obligations, any remedies available, limiting damages, complying with judicial proceedings, court orders or legal processes.

9. Otherwise Where We have Obtained Consent:

   • We may disclose certain personal information to a third party with that person’s consent.
   • Where we need to collect Personal Information by law or under a contract with you, and you fail to provide the Personal Information requested, such deficiency is likely to prevent us from meeting our obligations..

10. Sharing and Disclosure of Personal Information.

    We may share Personal Information to vetted and contract-bound third-parties for certain purposes, including the following:

    1. General Business Purposes: We may share information with consultants and service providers for customer or technical support, marketing, recruiting, operations, security of our Services, account management, and legitimate business purposes.
    2. Compliance with the Law: We may disclose information to a third-party where legally required to comply with applicable laws, regulations, legal processes or government requests.
    3. Protection of our Rights: We may disclose information where it is needed to protect or exercise, establish or defend our legal rights.
    4. Business Transfers: We may share or transfer information to support negotiations of or for a merger, sale of company assets, financing, or acquisition of all or a portion of the business to another company.
    5. Managing Events: If you use our Site to register for an event or webinar organized by a partner, we may share your Personal Information with that partner to process your registration and ensure your participation in the event. When this happens, our partner will process the relevant Personal Information as a separate business and their use and control over your Personal Information will be governed by their privacy policy and policies.
    6. Receiving Professional Advice: In certain instances, we may share Personal Information with professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors and insurers, who provide their professional services, but only to the extent we legally must do so or have a legitimate interest in sharing information.

11. International Transfers, Security and Information Retention

    1. Use of Personal Information in the US, and Elsewhere
       Our Site servers are located in the United States and to our knowledge all third-party Service Providers operate in the United States. This means when we collect Personal Information from you, we are processing it in the United States.

12. Security

    Action Asphalt & Concrete employs and utilizes appropriate technical, organizational and administrative security measures designed to protect the security, confidentiality and integrity of your Personal Information.

    1. Data RetentionAction Asphalt & Concrete  will retain Personal Information for only as long as we need it to meet legitimate business needs such as operating and providing our Services to a customer. We determine the appropriate retention period for Personal Information in light of the purposes for which that Personal Information was collected, the amount, nature and sensitivity of what Personal Information is used, any potential risk from unauthorized use or disclosure of that information, and whether we can achieve the purposes of the use through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).Typically, when we do not legitimately need the Personal Information to perform our Services or meet a business obligation, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), we will securely store it and isolate it from any further processing until deletion is possible.

13. Your Privacy Rights

    1. What You Can Ask Us to Do
       If you believe we have personal information from you, and you would like to exercise certain privacy rights, you can reach out to us for the following:
       • If you wish to access, update, change, request a copy (portability) or deletion of your Personal Information, you can do so at any time at Action Asphalt by contacting us via email at info@ActionAsphalt.com or by using the contact details provided under the “How to contact Us” heading below. Please provide the following:
         • your name
         • type of request
         • a valid email address to contact you
       • Where you are an employee of Action Asphalt & Concrete, if you wish to access, update, change, request a copy (portability) or delete your Personal Information, please first contact us.
       • NOTE: If, as a resident of the UK, EU, Switzerland or other country in the European Economic Area, you believe we have personal data from you, you may submit a request at any time at Action Asphalt & Concrete Privacy Center via email at info@ActionAsphalt.com.  In any such inquiry, please provide the following:
         • your name
         • type of request
         • a valid email address to contact you
       • Action Asphalt & Concrete does not use or process any Personal Information which would subject a person to a decision based solely on automated processing, including profiling.
       • You have the right to opt-out of marketing communications we send at any time. You can exercise this right by clicking the “unsubscribe” link in the marketing communications. Please note opting-out of the receipt of marketing communications from us does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.
       • If we have collected and used your Personal Information with your consent, you can withdraw your consent at any time by modifying your consent on our Site. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to that withdrawal, nor will it affect the use conducted in reliance on lawful processing grounds other than consent.

14. Verification of a Consumer Request

    Please note we may need to verify your identity in connection with your requests, and such verification process may, if you do not have access to your account, require you to provide additional information maintained about you to verify your identity. If we are unable to verify your identity or request, we may not, in accordance with applicable law, be able to fulfill your request.

    1. 1. Response Timing and Format

    We will confirm receipt of your request within ten (10) business days. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt under CCPA, CPRA and within thirty (30) days under GDPR. We will inform you of the reason and extension period in writing, if we need more time (up to another 45 days) under CCPA.

    We will deliver our response via Privacy Center. We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

    1. Personal Information Sales Opt-Out and Opt-In Rights
       We do not intentionally collect the Personal Information of consumers and sell, or intentionally share or process Personal Information in a way that could constitute a sale for value.

15. Children

    Our Services and Site are not geared or in any way directed to individuals under the age of 18. We do not knowingly collect Personal Information from those under 18. If you are a parent or guardian and believe your child has provided Personal Information to us without your consent, please send an email to info@actionasphalt.com  and we will take steps needed to delete any under 18 Personal Information from our systems.

16. Changes to Our Privacy Notice

    We will post a visible notice on our site when we make changes to this Notice, noting such changes and effective date of those changes. Your continued us of our Site and Services following the posting of changes constitutes notice and acceptance of such changes.

17. “How to Contact US” Information

    If you have questions or comments about this Notice, the ways CYTRIO collects and uses Personal Information, your choices and rights regarding that use, or you wish to exercise your rights under applicable data privacy laws via email, please do not hesitate to contact us at: Email: info@actionasphalt.com