Privacy Policy

 

Welcome to Bernzomatic.com (the “Website”), a Worthington Cylinder Corp (“Bernzomatic”, “we” or “us”) website. The following Privacy Policy and Terms of Use govern your access to and use of Bernzomatic.com, including any content, functionality and services offered on or through the Website.

Please read the Privacy Policy and Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by the Privacy Policy and the Terms of Use. If you do not agree with the terms of the Privacy Policy or the Terms of Use, you must not access or use the Website.

PRIVACY POLICY

Last modified: September 29, 2016

Introduction

Bernzomatic respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

This Policy applies to and describes the information we may collect from you or that you may provide when you visit the website at Bernzomatic.com (our “Website”) and our practices for collecting, using, protecting, and disclosing that information. This Policy does not apply to information collected by Bernzomatic offline, through social media channels, or through other means, including on other websites operated by Bernzomatic or a third party.

Please read this Policy carefully to understand our policies and practices regarding your information. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for persons under 13 years of age. No one under age 13 may provide any information on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete the information.

Information We Collect About You and How We Collect It

We collect a limited amount of personally-identifiable information from and about certain users of our Website, and only if they choose to submit such information to us through the Consumer Feedback Form. Through that form, users can submit a first and last name, phone number, country of residence, and, optionally, email address. We may also collect a limited amount of personally-identifiable information, as applicable from time to time, through a sweepstakes, contest, or other promotion entry or inquiry whether submitted through the Website, a social media site, or other electronic process.

How We Use Your Information

Bernzomatic uses the information collected through the Consumer Feedback Form only for the purpose of contacting the person whose information has been provided, as stated on the Form. The person may also receive a survey request as part of the customer feedback process. Personal information collected in relation to a sweepstakes, contest, or other promotion will be generally be used for the purpose of administering the sweepstakes, contest, or other promotion, responding to inquiries from the person providing the information, or contacting potential winners. The details of such use will be established through, and controlled by, the terms of the applicable sweepstakes, contest, or promotion official rules. We may also use this information to send marketing and other special offers to users who have signed up to receive this information.

Disclosure of Your Information

The information submitted through the Consumer Feedback Form is not shared with any third parties, but we may disclose personal information provided by you as described in this Privacy Policy:

  • To contractors, service providers and other third parties we use to support us in providing the Website, the services offered therein, and to administer and monitor email. These parties are bound by contractual obligation 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 Bernzomatic’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Bernzomatic about our Website users is among the assets transferred.
  • In other cases with your prior 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 or other terms or agreements into which we have entered with you, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Bernzomatic, our customers or others.

No Information Collected Through Automatic Data Collection Technologies

With the exception of the mapping and location functionality discussed in this Privacy Policy, Bernzomatic does not currently track, or otherwise collect statistical data related to, the activities of visitors to its website.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. As set forth elsewhere in this Privacy Policy, Bernzomatic does not disclose personal information to third parties for their direct marketing purposes.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.

TERMS OF USE

Last Modified: September 29, 2016

Acceptance of the Terms of Use

If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Bernzomatic and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bernzomatic, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No ownership right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Bernzomatic. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Bernzomatic name and trademark, related trademarks (such as the Bernzomatic logo and “BERNZOMATIC”), and all related names, logos, product and service names, designs and slogans are trademarks of Bernzomatic or its affiliates. You must not use such marks without the prior written permission of Bernzomatic.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.

Contests, Sweepstakes, Promotions

From time to time, we may advertise or administer a contest, sweepstakes, or other promotion through the Website, social media service, or other venue. While these Terms of Use apply to all use of the Website, the official rules of any such contest, sweepstakes, or other promotion will provide and govern the applicable legal details.

Geographic Restrictions

We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BERNZOMATIC NOR ANY PERSON ASSOCIATED WITH BERNZOMATIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE CONTENT THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER BERNZOMATIC NOR ANYONE ASSOCIATED WITH BERNZOMATIC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BERNZOMATIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL BERNZOMATIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule of any other jurisdiction.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Columbus and Franklin County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

Unless otherwise expressly agreed, the Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bernzomatic with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010

Worthington Industries, Inc. and its subsidiaries (collectively “Worthington”) are dedicated to conducting business in a lawful and ethical manner. Because of this, Worthington holds its vendors to high ethical standards no matter where they are located. Worthington does not knowingly use suppliers that use slavery or human trafficking in the manufacture of products or which fail to comply with laws regarding slavery and human trafficking of the countries in which they do business.

Worthington does not audit its suppliers regarding these practices or require them to certify compliance with laws in their country. However, Worthington will not source products from suppliers found to use slavery or human trafficking. Worthington maintains an open door policy with its employees encouraging them to disclose any ethical concerns to supervisors or management personnel. Employees can also report concerns anonymously through the company’s Ethics Line. All complaints are reviewed and given due consideration.

Worthington’s employee Code of Conduct emphasizes doing the “right thing” and acting honestly and with integrity. Worthington does not train its employees specifically on the issues of human trafficking and slavery. However, based on our philosophy, we expect our employees to report any unethical behavior by any of our suppliers.

 

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Bernzomatic@WorthingtonIndustries.com.

Thank you for visiting the Website.