General Privacy Policy for Website Visitors and Business Contacts

1. Introduction

Advanced Drainage Systems, Inc., together with its relevant subsidiaries, associates, and affiliated companies, ("ADS," “Company,” "we," "us," or "our") is a manufacturer of world-class water management and drainage products that we sell to enterprise customers. As such, we process only limited types of personal information, personal data, or personally identifiable information (collectively, "PI" or “Personal Information”) about our customers' personnel and visitors to our Administrative Services (defined below). The purpose of this Privacy Policy ("Policy") is to inform you about the types of PI that we may collect and process when you visit our website (the “Website”) or transact business with us. Please note that not all of the PI referenced in this Policy may be collected about you or used for the purposes set out below.

This Policy applies to PI collected through our Website, applications, and emails. It also applies to Personal Information we may otherwise collect: (i) when you purchase our products; (ii) when you interact with us by means other than the Website, for example, in person or by telephone; (iii) from our distributors, suppliers, vendors, and other business partners (collectively “Business Partners”); and (iv) from your company or employer (i.e., ADS’s “Customer”). We encourage you to read this Policy in full before using the Website or any other Service that posts a link to this Policy, opening our e-mails, or otherwise submitting Personal Information to us (collectively, the “Administrative Service(s)”). For certain Administrative Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you. We may create deidentified or aggregate data from PI (“Non-PI”) and this Policy does not govern Non-PI, which data we may collect, use, and disclose without limitation except as otherwise restricted by applicable law. Our Administrative Services are operated in the United States and by visiting them you accept the associated collection of your PI in the U.S. and its processing in the U.S. and elsewhere. By visiting or otherwise using our Administrative Service, you acknowledge having read this Policy and our Terms.

This Policy does not apply to our job applicants, current or former employees, or independent contractors (“Personnel”), however, California Personnel may obtain a separate privacy notice that applies to them by contacting our human resources department at caprivacypolicygroup@adspipe.com.

California and Nevada State Law Privacy Rights: Residents of California and Nevada have certain privacy rights detailed in the provisions of Section 11 (titled “State Privacy Notice”) below. To the extent there is a conflict between the provisions of Section 11 and the provisions of the rest of this Policy, the provisions of Section 11 shall control.

2. What Personal Information Do We Collect?

We collect PI from you when you browse or register on our Website, place an order through this online form, download and register on our mobile applications (e.g., "ADS Installation Guides," "ADS Agricultural Drainage Resource," and "ADS SiteAssist by StormTech"), enter your PI through the "Contact Us" page on our Website, or request a lunch and learn session. We also collect certain information about your session when you visit our Website, including internet protocol (IP) address, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We also use cookies as described in Section 5 below.

When registering or requesting to be contacted via our Administrative Services, you may be asked to enter your name, e-mail address, mailing address, and/or phone number.

We may also collect PI (e.g., name, title, contact details, etc.) when we interact with you in relation to the negotiation or fulfillment of our contracts if you are an employee of an ADS Customer or one of our suppliers or vendors.

3. How Do We Use Your Personal Information?

We may collect and process your PI collected via our Administrative Services for the following purposes:

Administrative Services Visitor PI:

• To personalize your experience (your information helps us to better respond to your individual requests);
• To improve our Website and applications (we continually strive to improve our Administrative Services based on the information and feedback we receive from you);
• To improve customer service (your information helps us to more effectively respond to your customer requests and support your needs);
• To process transactions;
• To administer a contest, promotion, survey, or other Website feature;
• To market our products;
• To send periodic emails (the email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions); and
• For other purposes in the operation of our business not inconsistent with this Policy or applicable law.

Business Contact PI:

• To communicate with you during contract negotiations or for post-contract support;
• To market to you, including to advise you of additional or new products that may be of interest to your company; and
• For other purposes in the operation of our business not inconsistent with this Policy or applicable law.

4. How Do We Protect Your PI?

ADS maintains reasonable safeguards to protect the confidentiality, security, and integrity of your Personal Information. Although we use security measures to help protect your Personal Information against unauthorized disclosure, misuse, or alteration, as is the case with all computer networks linked to the Internet, we cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond our reasonable control.

5. Is Certain Information Collected Automatically?

ADS, its Service Providers, and/or Third-Party Digital Businesses (defined below in Section 11.b.iii) may also automatically collect certain information about you when you access or use the Administrative Services, including as follows:

• Device and Browser Information: We may collect technical information about your device, such as device type, browser type, IP address, operating system, and device identifier. ADS collects this information automatically from your device and web browser through cookies and similar technologies.
• Information About How You Interact with Us: We may collect technical data about your usage of the Administrative Services and how you interact with our digital advertisements and promotions, such as content viewed or downloaded, features used, links clicked, Company promotional emails opened, and dates and times of interactions. The Company collects this information using cookies and similar technologies.
• Location Information: The Company may collect location information, including precise real-time location information from your device and imprecise location information derived from, for example, your IP address or postal code.
• Web Server Logs: In conjunction with obtaining information through cookies (as described below), our web servers may log details regarding your device, operating system, or information about your usage of our Administrative Services.

When you visit our Administrative Services, we and third parties may collect information about your usage or device by automated means or by using tracking technologies such as cookies, web server logs, and web beacons (“Tracking Technologies”). Some of the Tracking Technologies we or third parties may use to collect information automatically include:

• Cookies: Cookies are small text files that websites send to your computer or other Internet connected device to uniquely identify your browser or to store information or settings on your browser. We may use cookies that are managed by ADS or by third parties for the purposes provided in this Policy, including for session management, authentication, user preference storage, systems performance and personalization, analytics, advertising (including affiliate marketing), content management, search, and social media integration.
• Web Beacons and Pixel: We may place tags on our Website or in emails called "web beacons" or "pixels." These are computer instructions that link web pages to particular web servers and their cookies. Web beacons and pixels can be used to track the pages you view, links that you click, or other online behavior. These tools have a number of uses, such as measuring the effectiveness of our email campaigns and online advertisements (both on our Website and on third-party websites).
• Device Recognition Technologies: Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).
• Device and Activity Monitoring and Session Replay: Technologies that monitor, and may record, certain of your interactions with the Administrative Service, and/or collect and analyze information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking and/or improving the Administrative Services and customizing or optimizing your experience on the Administrative Services. This may also include technologies that monitor and record usage sessions to help us better understand, track, and improve the usage of our Administrative Services.

These Tracking Technologies may permit the collection of information such as demographic data, browser type, MAC address and other device information, operating system type and settings, domain, the address of the web page that linked you to our Website, IP address, pages visited, whether you have visited us before or are new to the Website, activities conducted on the page (such as search queries), and the day and time of your visit.

We and/or third parties may use Tracking Technologies associated with our Administrative Services to collect PI about you and your interactions with social media and other third-party websites and online services over time, which we may merge or enhance with other information we collect about you for the purposes described above in this Policy. In addition, we may supplement PI we collect via our Administrative Services with other information, including offline data from third parties, for marketing and other purposes, in which case we will treat the combined data as PI under this Policy.

6. Choices: Tracking and Communications Options

a. Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from browsers may not be effective with regard to certain Tracking Technologies. Please be aware that if you disable or remove these technologies, some parts of the Administrative Services may not work and when you revisit the Administrative Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online websites you visit. Like many online websites, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. For information on how we address so-called Global Privacy Control signals (defined below in Section 11.b.iii) and online privacy preference signals, see the State Privacy Notice.

b. Analytics and Advertising Tracking Technologies

You may choose whether to receive some interest-based advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in 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, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be 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. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expect that ad networks we directly engage to serve you interest-based advertising will do so as well, though we cannot guarantee their compliance.

We may also use Microsoft Advertising Services and/or Google Ad Services. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. To learn more about the data Google collects and how your data is used by it and to opt out of certain Google browser interest-based advertising, please visit https://myadcenter.google.com. We may also use Microsoft Advertising Services. To learn about the data Microsoft collects and how your data is used by it and to opt-out of certain Microsoft browser interest-based advertising, please visit here.

We are not responsible for effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

c. Communications

You can opt out of receiving certain promotional communications from us at any time by following the instructions provided in emails to click on the unsubscribe link. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.

7. Do We Disclose Your Personal Information?

We may disclose Personal Information about you for any purpose not inconsistent with our statements under this Policy, or statements otherwise made by us in writing at the point of collection, and not prohibited by applicable law. We disclose PI to service providers we have retained to perform certain services and functions on our behalf in connection with their performance of services for us.

Other instances when we may disclose any PI to outside parties include:

• To our agents, vendors, consultants, and other service providers in connection with their work on our behalf, including assisting in the provision of our Administrative Services. These parties may provide services including authentication, billing and collections, payment processing, customer support, or data storage.
• When we reasonably believe that such disclosure is required by law or pursuant to legal process, or is necessary in connection with actual or threatened litigation or to protect ADS or third parties.
• We may disclose your Personal Information to third parties in connection with the sale, purchase, merger, reorganization, liquidation, or dissolution of the Company, or under similar circumstances.
• For the purposes set forth in Section 3 above.

8. How Long Do We Retain Your Personal Information?

We will retain the PI that is subject to this Policy for as long as is reasonably necessary to achieve the purpose for which you provided it, or to the extent necessary for ADS to protect its rights, or as required by applicable laws.

9. Collection of PI from Children

Our Administrative Services are intended for individuals 18 years of age and older and are not directed at, marketed to, or intended for children under 18 years of age. ADS does not knowingly collect any information, including PI, from children under 18 years of age via our Administrative Services. If you believe that we have inadvertently collected PI from a child under the age of 18, please contact us at the email address below, and we will take immediate steps to delete or otherwise treat the data as required by applicable law. California residents under 16 have additional rights as set forth in the Do Not Sell/Share section of our State Privacy Notice below.

10. State Law Privacy Notice

This Section constitutes a notice (“Notice”) applicable to “Consumers” as defined under the California Consumer Privacy Act, including as amended by the California Privacy Rights Act (together, the “CCPA”), Chapter 603A of the Nevada Revised Statutes, and all laws implementing, supplementing, or amending the foregoing, including regulations promulgated thereunder (collectively, “CA/NV Privacy Laws”).

This Notice is designed to meet our obligations under CA/NV Privacy Laws and supplements this Policy and any other privacy policies of ADS. In the event of a conflict between any other ADS policy, notice, or statement and this Notice, this Notice will prevail as to Consumers unless stated otherwise.

Applicability:

• Section 11(a) of this Notice provides notice of our data practices, including collection, use, disclosure, and sale of Consumers’ Personal Information.
• Sections 11(b)-(d) of this Notice provide information regarding Consumer rights and how to exercise them.
• Section 11(e) of this Notice provides additional information for California residents.

For California residents the term “Consumer” is not limited to data subjects acting as individuals regarding household goods and services and includes individuals acting in a business-to-business context.

The description of our data practices in this Notice covers the twelve (12) months prior to the effective date and will be updated at least annually. Our data practices may differ between updates, however, if materially different from this Notice, we will provide supplemental pre-collection notice of the current practices, which may include references to other privacy policies, notices, or statements. Otherwise, this Notice serves as our notice at collection.

We may Collect your PI directly from you, such as when you browse or register on our Website or an application, place an order through this online form, download and register for an account on our mobile applications, enter your PI through the "Contact Us" page on our Website, or request a lunch and learn session. We may also collect your PI from our affiliates, service providers, or other businesses or individuals.

Generally, we Process your PI to transact with you or your employer and as otherwise related to the operation of our business, including for one or more of the following “Business Purposes”: performing services; managing interactions and transactions; security; debugging; advertising and marketing; quality assurance; processing interactions and transactions; and research and development. We may also use PI for other Business Purposes in a context that is not a “Sale” or “Sharing” under CA/NV Privacy Laws, such as disclosing it to our Service Providers, Contractors, or Processors that perform services for us (“Vendors”), to the Consumer or to other parties at the Consumer’s direction or through the Consumer’s action; for additional purposes explained at the time of collection (such as in an additional privacy policy or notice); as required or permitted by applicable law; to the government or private parties to comply with law or legal process or protect or enforce legal rights or obligations or prevent harm; and to assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business (“Corporate Transaction”) (collectively, “Additional Business Purposes”). Subject to restrictions and obligations under CA/NV Privacy Laws, our Vendors may also use your PI for Business Purposes and Additional Business Purposes and may engage their own vendors to enable them to perform services for us.

We may also use and disclose your PI under this Notice, which may be considered a “Sale” or “Sharing” under applicable CA/NV Privacy Laws, such as when Third-Party Digital Businesses (defined below) Collect your PI via third-party cookies, and when we Process PI for certain advertising purposes. In addition, we may make your PI available to Third Parties for their own use.

We provide more detail on our data practices in the chart that follows.

a. PI Collection, Disclosure, and Retention – By Category of PI

We may collect, disclose, and retain PI as follows:

b. Your Consumer Rights and How to Exercise Them

As described more below, subject to meeting the requirements for a Verifiable Consumer Request (defined below), ADS provides residents of California and Nevada the privacy rights described in this section. To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, complete our Consumer Rights Request Form, or call us at 1-888-652-0930. Please be aware that we do not accept or process requests through other means (e.g., via fax, chats, social media etc.). The Consumer rights we accommodate are as follows:

i. Right to Limit Sensitive PI Processing (California)

We only Process Sensitive PI for purposes that are exempt from Consumer choice under CA/NV Privacy Laws, such as, for example, to perform the services or provide goods you requested, to detect and remediate security incidents, or to comply with federal, state, and local law.

ii. Right to Know / Access (California)

Right to Know (Categories). California residents have a right to submit a request for any of the following for the period that is 12-months prior to the request date:

• The categories of PI we have Collected about you.
• The categories of sources from which we Collected your PI.
• The Business Purposes or Commercial Purposes for our Collecting, Selling, or Sharing your PI.
• The categories of Third Parties to whom we have disclosed your PI.
• A list of the categories of PI disclosed for a Business Purpose and, for each, the categories of recipients, or that no disclosure occurred.
• A list of the categories of PI Sold or Share about you and, for each, the categories of recipients, or that no sale or share occurred.

Right to Know (Specific Pieces). You may request to confirm if we are processing your PI and, if we are, to obtain a transportable copy, subject to applicable request limits, of your PI that we have collected and are maintaining. For your specific pieces of PI, as required by California law, we will apply heightened verification standards as described below. We have no obligation to re-identify information or to keep PI longer than we need it or are required to by applicable law to comply with access requests.

iii. Do Not Sell / Share

California has an opt-out from “Selling” and “Sharing” for Cross-Context Behavioral Advertising (use of PI from different businesses or services to target advertisements). Nevada residents have a narrower right to opt-out of the sale of certain PI collected via an online service. We may Sell or Share your PI and, as these terms apply under CA/NV Privacy Laws (e.g., use for targeted advertising). However, we provide U.S. Consumers an opt out of Sale/Sharing.

Third-Party digital businesses (“Third-Party Digital Businesses”) may associate cookies and other tracking technologies that Collect PI about you on our Administrative Services, or otherwise Collect and Process PI that we make available about you, including digital activity information. We understand that giving access to PI on our Administrative Services, or otherwise, to Third-Party Digital Businesses could be deemed a Sale and/or Sharing under some state laws and thus we will treat such PI (e.g., cookie ID, IP address, and other online identifiers, and internet or other electronic activity information) collected by Third-Party Digital Businesses, where not limited to acting as our Service Provider (or Contractor or Processor), as a Sale and/or Sharing and subject to a Do Not Sell/Share opt-out request. We will not Sell your PI, Share your PI for Cross-Context Behavioral Advertising, or Process your PI for Targeted Advertising if you make a Do Not Sell/Share opt-out request.

Opt-out preference signals (also known as global privacy control or GPC): Some CA/NV Privacy Laws require businesses to process GPC signals, which is referred to in California as opt-out preference signals (“OOPS”), which are signals sent by a platform, technology, or mechanism, enabled by individuals on their devices or browsers, that communicate the individual’s choice to opt-out of the Sale or Sharing of Personal Information. To use an OOPS/GPC, you can download an internet browser or a plugin to use on your current internet browser and follow the settings to enable the OOPS/GPC. We have configured the settings of our consent management platform to receive and process GPC signals on our Websites with cookies and other tracking technologies from Third-Party Digital Businesses. We process OOPS/GPC with respect to Sales and Sharing that may occur in the context of Collection of cookie PI by tracking technologies online by Third-Party Digital Businesses, discussed above, and apply it to the specific browser on which you enable OOPS/GPC. We currently do not, due to technical limitations, process OOPS/GPC for opt-outs of Sales and Sharing in other contexts (e.g., non-cookie PI). We do not: (1) charge a fee for use of our service if you have enabled OOPS/GPC; (2) change your experience with any product or service if you use OOPS/GPC; or (3) display a notification, pop-up, text, graphic, animation, sound, video, or any interstitial in response to the OOPS/GPC.

Opt-out for non-cookie PI: You can opt-out of the Sale/Sharing of your non-cookie PI (e.g., use of your email address for targeted advertising), by completing our Consumer Rights Request Form, or by calling us at 1-888-652-0930. Please do not forget to respond to any follow-up inquiries we make. 

Opt-out for cookie PI: If you want to opt-out of the Sale/Sharing of PI via Tracking Technologies to Third-Party Digital Businesses, you need to contact us via the Manage My Cookie Preferences link located in the page footer. This is because we have to use different technologies to apply your opt-out of cookie PI and to non-cookie PI. Our cookie management tool enables you to exercise such an opt-out request and enable certain cookie preferences on your device. You must exercise your preferences on each of our Websites you visit, from each browser you use, and on each device that you use. Since your browser opt-out is designated by a cookie, if you clear or block cookies, your preferences will no longer be effective and you will need to enable them again via our cookie management tool. Note that if you use ad blocking software, our cookie banner may not appear when you visit our services and you may have to use the link above to access the tool.

We do not knowingly Sell or Share the PI of Consumers under 16, unless we receive affirmative authorization (“opt-in”) from either the Consumer who is between 13 and 16 years old, or the parent or guardian of a Consumer who is less than 13 years old. If you think we may have unknowingly collected PI of a Consumer under 16 years old, please contact us as described in Section 15.

We may disclose your PI for the following purposes, which are not a Sale or Sharing: (i) if you direct us to disclose PI (for example, to a shipping company to ship your order to you); (ii) to comply with a Consumer rights request you submit to us; (iii) disclosures amongst the entities that constitute ADS as defined above, or as part of a Corporate Transaction; and (iv) as otherwise required or permitted by applicable law.

iv. Right to Delete

Except to the extent we have a basis for retention under applicable law, you may request that we delete your PI. Our retention rights include, without limitation: 

• to complete transactions and provide services you have requested;
• for security purposes;
• for legitimate internal Business Purposes (e.g., maintaining business records);
• to comply with law and to cooperate with law enforcement; and
• to exercise or defend legal claims.

Please also be aware that making a deletion request does not ensure complete or comprehensive removal or deletion of PI or content you may have posted.

v. Correct Your PI

Consumers may bring inaccuracies they find in their PI that we maintain to our attention, and we will act upon such a complaint as required by applicable law.

vi. Automated Decision Making / Profiling

We do not engage in Automated Decision Making or Profiling.

c. How to Exercise Your Consumer Privacy Rights

To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, complete our Consumer Rights Request Form, or calling us at 1-888-652-0930. Please do not forget to respond to any follow-up inquiries we make, and be aware that we do not accept or process requests through other means (e.g., via fax, chats, social media etc.).

d. Your Request Must be a Verifiable Consumer Request

As permitted or required by applicable CA/NV Privacy Laws, any request you submit to us must be a “Verifiable Consumer Request,” meaning when you make a request, we may ask you to provide verifying information, such as your name, e-mail address, phone number and/or account information. We will review the information provided and may request additional information (e.g., transaction history) via e-mail or other means to ensure we are interacting with the correct individual. We will not fulfill your Right to Know (Categories), Right to Know (Specific Pieces), Right to Delete, or Right to Correction request, as defined below, unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. We do not verify opt-outs of Sales/Sharing unless we suspect fraud.

We verify each request as follows:

• Right to Know (Categories) (available for California residents only): We verify your Request to Know Categories of PI to a reasonable degree of certainty. If we cannot do so, we will refer you to this Notice for a general description of our data practices.
• Right to Know (Specific Pieces): We verify your Request to Know Specific Pieces of PI to a reasonably high degree of certainty. If you fail to provide requested information, we will be unable to verify you sufficiently to honor your request, but we will then treat it as a Right to Know Categories Request if you are a California resident.
• Do Not Sell/Share & Limit SPI: No specific verification required unless we suspect fraud.
• Right to Delete: We verify your Request to Know Specific Pieces of PI to a reasonable degree of certainty or to a reasonably high degree of certainty, depending on the sensitivity of the PI and the risk of harm to the Consumer posed by unauthorized deletion.  If we cannot verify you sufficiently to honor a deletion request, you can still make a Do Not Sell/Share and/or Limit SPI request.
• Correction: We verify your Request to Correct PI to a reasonable degree of certainty or to a reasonably high degree of certainty, depending on the sensitivity of the PI and the risk of harm to the Consumer posed by unauthorized correction.

To protect Consumers, if we are unable to verify you sufficiently, we will be unable to honor your request. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

e. Agent Requests

You may use an authorized agent to make a request for you, subject to our verification of the agent, the agent’s authority to submit requests on your behalf, and of you. Authorized agents of a customer or visitor of our Services can submit a request to exercise your Consumer privacy rights by completing our Consumer Rights Request Form, or by calling us at 1-888-652-0930. Generally, we will request that an agent provide proof that the Consumer gave the agent signed permission to submit the request, and, as permitted under the CA/NV Privacy Laws, we also may require the Consumer to either verify their own identity or directly confirm with us that they provided the agent permission to submit the request. Once your agent’s authority is confirmed, they may exercise rights on your behalf subject to the agency requirements of the CCPA. Please be aware that we do not accept or process requests through other means (e.g., via fax, chats, social media etc.).

f. Our Responses

Some PI that we maintain is insufficiently specific for us to be able to associate it with a verified Consumer (e.g., clickstream data tied only to a pseudonymous browser ID). We do not include that PI in response to those requests. If we deny a request, in whole or in part, we will explain the reasons in our response.

We will make commercially reasonable efforts to identify Consumer PI that we Process to respond to your Consumer request(s). In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

Consistent with applicable CA/NV Privacy Laws and our interest in the security of your PI, we will not deliver to you your Social Security number, driver’s license number, or other government-issued ID number, or account password in response to a Consumer privacy rights request.

g. Non-Discrimination / Non-Retaliation

We will not discriminate or retaliate against you in a manner prohibited by applicable CA/NV Privacy Laws for your exercise of your Consumer privacy rights. We may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable PI.

h. Notice of Financial Incentive Programs

We may offer discounts or other rewards (“Incentives”) from time-to-time to Consumers that provide us with PI, such as name, phone number, e-mail address, IP address, or location. You may opt-in to Incentives by, without limitation, signing up for our preferred distributor programs, stocking programs, survey completion incentives, and other Incentive programs we may offer from time-to-time (“Program(s)”). Each Program may have additional terms, available on the Program page or at Program sign-up. The Incentives will be described in the Program terms, or at Program sign-up. If you subsequently wish to withdraw from the Programs, the method for doing so will be explained in the Program terms. We do not limit Program participation to consumers that do not exercise their CCPA rights. However, a deletion request will not delete Program PI because it is necessary to maintain your participation in the Program. If you desire to delete Program PI, terminate your participation in the Program before making a CCPA deletion request.

i. Our Rights and the Rights of Others

Notwithstanding anything to the contrary, we may collect, use, and disclose your PI as required or permitted by applicable law and this may override your rights under CA/NV Privacy Laws. In addition, we are not required to honor your requests to the extent that doing so would infringe upon our or another person’s or party’s rights or conflict with applicable law.

j. Additional Notice for California Residents

In addition to the CCPA, certain Californians are entitled to certain other notices, as follows:

This Notice provides information on our online practices and your California rights specific to our Administrative Services. Without limitation, Californians that visit our Services and seek to acquire goods, services, money, or credit for personal, family or household purposes are entitled to the following notices of their rights:

i. California Minors

Although our services are intended for an audience over the age of majority, any California residents under the age of eighteen (18) who have registered to use our services, and posted content on the service, can request removal by contacting us by contacting us at: privacy@ads-pipe.com, detailing where the content is posted and attesting you posted it. We will then make reasonable, good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines we do not control.

ii. Shine the Light

We may share “personal information,” as defined by California’s “Shine the Light” law, with third parties for such third parties own direct marketing purposes. California residents may opt-out of this sharing by contacting us at: privacy@ads-pipe.com, or at the following address: Corporate Office, Advanced Drainage Systems, Inc. 4640 Trueman Blvd., Hilliard, Ohio 43026 (Attn: Director IT Risk & Compliance). We will not accept Shine the Light requests by telephone or by fax, and are not responsible for requests not labeled or sent properly, or that are incomplete. This right is different than, and in addition to, CCPA rights, and must be requested separately. You must put the statement “Shine the Light Request” in the body of your correspondence. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. However, a Do Not Sell / Share opt-out is broader and will limit our sharing with third parties for their own direct marketing purposes without the need for making a separate Shine the Light request. You can opt out by making a Do Not Sell / Share request as described above.

11. Changes to our Privacy Policy

We reserve the right to change this Policy prospectively effective upon the posting of the revised Policy. Changes to this Policy will be posted on this website, along with information on any material changes. ADS reserves the right to update or modify this Policy at any time and without prior notice. Any modifications will apply only to the personal information we collect after posting the updated Policy. To the extent any provision of this Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

12. Residents of the European Economic Area, UK, or Switzerland

a. ADS Lawful Basis for Processing Your Personal Information

The lawful basis for our processing of your PI will depend on the purposes of the processing. For most PI processing activities covered by this Policy, the lawful basis is that the processing is necessary for ADS’s legitimate business interests. When we are required to share PI with law enforcement agencies or other governmental bodies, we do so on the basis that we are under a legal obligation to do so. We will also use consent as the legal basis where we deem appropriate or to the extent required by applicable law, for example, before we send you promotional emails or other communications.

b. Additional Information About the Retention of Your Personal Information

To determine the period for which your PI will be retained in accordance with this Policy, ADS considers criteria such as: (i) any applicable legal requirements to retain data for a certain period of time; (ii) any retention obligations related to actual or potential litigation or government investigations; (iii) any retention requirements in relevant agreements with our Business Partners; (iv) the date of your last interaction with ADS; (v) the length of time between your interactions with ADS; (vi) the sensitivity of the PI; and (vii) the purposes for which the PI was collected.

Your personal data may be retained for longer than necessary to fulfil the purposes for which they were collected (for so long as the statute of limitations of personal actions that could be lodged against the company or of the infringements of the legal obligations applicable to ADS). Where so required, ADS will maintain your personal data blocked during that additional term.

c. International Transfers of Personal Data

ADS is based in the U.S. and the information ADS and its Service Providers collect is governed by U.S. law, and, if you are accessing the Administrative Service from outside the US, also by any other applicable privacy regulations, as required. Please be aware that information collected through the Administrative Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Under such circumstances, we comply with all applicable global privacy and data protection requirements. All transfers of your information will comply with the local privacy laws of the jurisdiction from which we are transferring the data or as otherwise applicable, as well as in compliance with the terms of this Policy. Furthermore, we will provide appropriate safeguards for US domestic and cross-border transfers in accordance with our legal obligations under applicable data protection laws.

For further information on the appropriate safeguards adopted for international transfers please contact us at 1-800-821-6710.

d. Your Individual Rights

In accordance with applicable laws in the EEA, UK, and Switzerland, you have the following rights with respect to your PI, which apply differently in different circumstances: right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, and right to object to processing. Most of these rights are not absolute. Below we describe these rights in more detail and provide information on how you can exercise them. If you make a request to exercise your rights, we will respond within one month, but we have the right to extend this period by two additional months, where necessary. If we extend the response period, we will let you know within one month of your request.

You can exercise your rights by submitting a request via our Consumer Rights Request Form.

You may also submit correspondence regarding your privacy-related individual rights to:

Director of IT Risk & Compliance
Advanced Drainage Systems, Inc.
4640 Trueman Blvd.
Hilliard, Ohio 43026

i. Right of Access

You have the right to ask ADS to confirm whether we process your PI. If we do, you have the right to request access to your PI that we process, along with the following information: (i) the purposes of the processing; (ii) the categories of PI we process; (iii) the recipients or categories of recipients of your PI; (iv) the envisaged retention period of the data where possible, or the criteria we use to determine the retention period; (v) if we have collected the PI from you, any information we have available about the source of the PI; and (vi) whether we use your PI to make any automated decisions that have legal or other similarly significant effects on you.

ii. Right to Rectification

You have the right to request for ADS to correct your PI that is inaccurate. Taking into account the purposes of the processing, you may also have the right to have incomplete PI about you completed, which may require you to provide supporting information to ADS.

iii. Right to Object to Processing

You have the right to object to ADS processing your PI when that data is processed on the basis of ADS’s legitimate interests or where you consider that it does not have a legal basis for the processing. ADS will honor your objection and stop processing the relevant PI unless: (i) we have compelling legitimate grounds for the processing that override your interests, rights, and freedoms; or (ii) we need to continue processing your PI to establish, exercise, or defend a legal claim.

iv. Right to Object to Processing for Direct Marketing or, Where Consent has been Provided, to Revoke Your Consent

If ADS processes your PI for direct marketing purposes, you have the right to object to this processing or where the legal basis for the processing is consent, to withdraw said consent. If you exercise this right, ADS will stop processing your PI for direct marketing purposes.

v. Right to Restrict Processing

You have the right to request that ADS restrict the processing of your PI in the following circumstances: (i) for the period of time ADS needs to verify the accuracy of your PI when you contest its accuracy; (ii) when the processing of your PI is unlawful and you oppose the erasure of the data, and instead request that ADS restrict the use of the data; (iii) when ADS no longer needs your PI for the purposes of processing, but you need the data to establish, exercise, or defend a legal claim; or (iv) for the period of time the Company needs to verify if it has compelling legitimate grounds for processing that override your interests, rights, and freedoms when you object to the processing of your PI for ADS’s legitimate interests.

If following your request, ADS restricts the processing of your PI, we will store your PI, and otherwise process it only with: (i) your consent; (ii) to establish, exercise, or defend a legal claim; (iii) to protect the rights of another natural or legal person; or (iv) for reasons of important public interest of the European Union or a Member State. ADS will also inform you before lifting the restriction of processing.

vi. Right to Erasure

You may ask ADS to delete your PI. This right is not absolute. ADS is required to delete your PI upon your request only in the following circumstances: (i) your PI is no longer necessary for the purposes for which we collected or processed them; (ii) if ADS processes your PI on the basis of consent, you withdraw your consent, and no other legal ground exists for us to continue processing your PI; (iii) if ADS processes your PI for its legitimate interests, you object to the processing, and there are no overriding legitimate grounds for us to continue processing your PI; (iv) if ADS has processed your PI unlawfully; or (v) the PI must be erased to comply with a legal obligation under European Union or Member State law to which ADS is subject.

ADS is not required to erase your PI to the extent that ADS needs to process the PI to: (i) exercise its right of freedom of expression and information; (ii) comply with a legal obligation under European Union or Member State law to which the Company is subject; or (iii) to establish, exercise, or defend a legal claim.

vii. Right to Data Portability

You have the right to receive PI you provided to ADS when: (i) the processing of the data is based on your consent or is necessary for the performance of a contract between you and ADS; (ii) ADS’s processing of your PI is carried out by automated means; (iii) complying with your request will not adversely affect the rights and freedoms of others; and (iv) it does not involve a disproportionate effort from the Company.

If you have the right to receive such PI and request that we provide it, ADS will provide it to you in a structured, commonly used, and machine-readable format.

viii. Right to Lodge a Complaint with a Supervisory Authority

ADS will use its best efforts to address and settle any requests or complaints brought to its attention. In addition, you have the right to approach the competent data protection authority with requests or complaints. This can be the supervisory authority in the country or federal state where you live.

13. Inquiries/Contact Us

ADS commits to resolve any questions or concerns that you may have about our collection or use of your PI. Should you have any questions or issues regarding this Policy, please contact us at 1-888-652-0930.