Privacy Policy
PRIVACY NOTICE, CONSUMER RIGHTS, COOKIE DISCLOSURE, AND WEBSITE TERMS OF USE
Effective Date: August 1, 2026
Last Updated: August 1, 2026
Jamail & Smith Construction, LP
16875 Diana Ln
Houston, TX 77058
281-461-7075
[email protected]
TABLE OF CONTENTS
1. Introduction
2. Scope of This Notice
3. Personal Information We Collect
4. Sources of Personal Information
5. How We Use Personal Information
6. Website Analytics, Cookies, and Similar Technologies
7. Embedded Content and Third-Party Links
8. Email Communications and Newsletters
9. Clients, Prospective Clients, and Other Business Contacts
10. Job Applicants
11. Subcontractors, Vendors, and Other Business Partners
12. How We Disclose Personal Information
13. No Sale of Personal Information or Targeted Advertising
14. Data Retention
15. Data Security
16. Consumer Privacy Rights
17. How to Submit a Privacy Request
18. Verification, Authorized Agents, and Appeals
19. Children’s Privacy
20. United States Operations
21. Changes to This Notice
22. Website Terms of Use
23. Contact Us
1. INTRODUCTION
Jamail & Smith Construction, LP (“Jamail & Smith,” “we,” “us,” or “our”) values the trust placed in us by our clients, prospective clients, subcontractors, vendors, job applicants, business partners, website visitors, and other individuals with whom we interact.
We understand that the information you share with us is important. We are committed to handling personal information responsibly, maintaining reasonable safeguards, and being transparent about how information is collected, used, retained, and disclosed.
This Privacy Notice, Consumer Rights, Cookie Disclosure, and Website Terms of Use (“Notice”) explains:
• The types of personal information we collect;
• How and why we use personal information;
• The circumstances in which information may be disclosed;
• Our use of cookies, analytics, embedded content, and related website technologies;
• Privacy rights that may be available to you under applicable law;
• How to contact us or submit a privacy request; and
• The terms that govern use of our website.
This Notice is intended to be clear and practical. It does not limit any privacy right that cannot legally be waived or restricted.
2. SCOPE OF THIS NOTICE
This Notice applies to personal information collected or processed by Jamail & Smith through:
• Our public website, including contact forms and career forms;
• Email, telephone, mail, and other business communications;
• Newsletter and marketing subscriptions;
• Employment inquiries and job applications;
• Client, prospective-client, project, and business-development communications;
• Subcontractor, vendor, consultant, and business-partner qualification, onboarding, contracting, and administration;
• Documents submitted by email, PDF, electronic-signature service, project-management platform, or similar business system;
• Events, meetings, conferences, and other professional interactions; and
• Other interactions in which this Notice is provided or referenced.
This Notice does not replace any separate notice, contract, authorization, or policy that may apply to a particular relationship, transaction, employee-benefit plan, background check, project system, or service. When a separate notice or agreement applies, that document may supplement or control over this Notice for the specific matter it addresses.
Third-party websites, platforms, and services have their own privacy practices. This Notice describes Jamail & Smith’s practices but does not control how an independent third party processes information for its own purposes.
3. PERSONAL INFORMATION WE COLLECT
The information we collect depends on how you interact with us. We seek to collect information that is adequate, relevant, and reasonably necessary for the purposes described in this Notice.
A. Contact and Identity Information
We may collect:
• Name;
• Company or organization;
• Job title or role;
• Business or personal email address;
• Telephone number;
• Mailing or physical address;
• Preferred method of communication; and
• Other identifying or contact information you provide.
B. Communications and Submitted Content
We may collect information contained in:
• Contact-form submissions;
• Email messages;
• Telephone or voicemail communications;
• Questions, requests, comments, and feedback;
• Project descriptions, bid-related inquiries, and business requests;
• Documents, photographs, plans, files, or attachments you choose to provide; and
• Records of our communications and responses.
Please do not submit Social Security numbers, financial-account credentials, medical information, or other highly sensitive information through a general website contact form unless Jamail & Smith specifically requests the information and provides an appropriate submission method.
C. Website and Device Information
When you visit our website, we or service providers supporting the website may automatically process certain technical and usage information, such as:
• Internet Protocol address;
• Browser type and version;
• Device type and operating system;
• Approximate location inferred from an Internet Protocol address;
• Pages viewed and links selected;
• Referring and exit pages;
• Date, time, and duration of a visit;
• Website performance and diagnostic information;
• Cookie or similar technology identifiers; and
• Security, fraud-prevention, and access-log information.
D. Newsletter and Marketing Information
If you subscribe to communications, we may collect:
• Name and email address;
• Company or professional affiliation;
• Subscription status and preferences;
• Information about delivery, opening, and interaction with messages, where enabled; and
• Records of consent, unsubscribe requests, or other communication preferences.
E. Job Applicant Information
If you apply for employment or inquire about a position, we may collect:
• Contact information;
• Resume, curriculum vitae, cover letter, and application materials;
• Employment history;
• Education, training, certifications, and professional licenses;
• Skills, qualifications, and areas of interest;
• References and referral information;
• Work authorization or eligibility information;
• Information relevant to project, site-access, security-clearance, or client requirements;
• Interview notes and recruiting communications; and
• Other information you voluntarily provide or that is reasonably necessary to evaluate your candidacy.
If a candidate advances in the hiring process, Jamail & Smith may request additional information for lawful employment, verification, background-screening, safety, security, or onboarding purposes. Separate notices, disclosures, consents, or authorizations will be provided when required by law.
F. Subcontractor, Vendor, and Business-Partner Information
In connection with qualification, onboarding, contracting, project administration, payment, insurance, compliance, or other business activities, we may collect:
• Legal and trade names;
• Business and mailing addresses;
• Business contact information;
• Ownership, organizational, and management information;
• Names and roles of owners, officers, employees, and authorized representatives;
• Trade specialties, service capabilities, qualifications, experience, and geographic coverage;
• Licenses, certifications, safety records, insurance information, and compliance documentation;
• References and project history;
• Tax-identification information and related forms when required;
• Contract, purchase-order, invoice, and payment-administration information;
• Electronic-signature and document-routing information; and
• Other information reasonably necessary to evaluate, establish, administer, secure, or conclude a business relationship.
Information relating to a sole proprietor, individual owner, employee, representative, or other identifiable person may be personal information even when it is collected in a business context.
G. Client, Prospective-Client, and Project Information
We may collect contact, project, procurement, contracting, communications, and relationship-management information concerning:
• Current and prospective clients;
• Public entities and cooperative purchasing organizations;
• Architects, engineers, consultants, and project partners;
• Client representatives and project stakeholders;
• Project opportunities, scopes, schedules, sites, and requirements; and
• Other information needed to pursue, plan, administer, document, or complete work.
H. Sensitive Personal Information
Jamail & Smith does not seek sensitive personal information through ordinary website browsing or general contact forms. In limited business, recruiting, contracting, safety, payment, security, or legal contexts, we may process information considered sensitive under applicable law, such as tax-identification information, government-issued identification information, precise location information associated with a specific business process, or information needed for legally authorized screening.
We process sensitive personal information only for reasonably necessary and authorized purposes and obtain consent when required by applicable law.
4. SOURCES OF PERSONAL INFORMATION
We may obtain personal information from:
• You directly;
• Your employer, organization, representative, or authorized agent;
• Clients, project partners, subcontractors, vendors, consultants, and other business contacts;
• Recruiting sources, references, or professional networks;
• Public records, professional directories, licensing sources, and publicly available websites;
• Website analytics, security, hosting, and technology providers;
• Email, newsletter, electronic-signature, project-management, and document-management platforms;
• Cooperative purchasing organizations and public procurement sources; and
• Other sources permitted by law.
We may combine information received from different sources when reasonably necessary for the purposes described in this Notice.
5. HOW WE USE PERSONAL INFORMATION
Jamail & Smith may use personal information to:
A. Communicate and Respond
• Respond to questions, requests, and inquiries;
• Route communications to the appropriate office or employee;
• Provide requested information;
• Maintain records of communications;
• Schedule meetings or follow-up activities; and
• Provide administrative or customer support.
B. Conduct and Develop Our Business
• Evaluate potential projects and business opportunities;
• Prepare proposals, estimates, qualifications, and responses;
• Establish and administer client and business relationships;
• Plan, manage, document, and complete construction-related work;
• Coordinate with clients, subcontractors, vendors, consultants, and project stakeholders;
• Maintain business and project records;
• Process contracts, invoices, payments, insurance documents, and compliance information; and
• Improve our services, communications, operations, and business processes.
C. Recruit and Evaluate Applicants
• Receive and review applications and resumes;
• Communicate with applicants;
• Evaluate qualifications for current or future opportunities;
• Coordinate interviews and hiring decisions;
• Verify information and conduct legally authorized screening;
• Satisfy project, client, safety, security, and legal requirements; and
• Maintain appropriate recruiting and employment records.
D. Qualify and Administer Subcontractors and Vendors
• Review qualifications, capabilities, safety information, experience, insurance, and references;
• Maintain prequalification and approved-vendor records;
• Prepare and administer agreements, work releases, purchase orders, and related documents;
• Support project assignments and communications;
• Meet client, regulatory, audit, insurance, tax, and recordkeeping requirements; and
• Protect Jamail & Smith, our clients, projects, personnel, and business partners.
E. Send Newsletters and Other Communications
• Send company news;
• Share project updates;
• Announce employment opportunities;
• Provide business, community, or industry information;
• Administer mailing lists and communication preferences; and
• Measure the delivery and effectiveness of communications where permitted.
You may unsubscribe from promotional email communications by using the unsubscribe link in the message or contacting us. We may still send nonpromotional communications that are necessary for an existing business, project, application, or contractual relationship.
F. Operate, Analyze, and Improve Our Website
• Deliver website content and functionality;
• Understand general website traffic and usage;
• Measure website performance;
• Diagnose technical problems;
• Improve navigation, accessibility, content, and user experience;
• Prevent spam, abuse, fraud, and malicious activity; and
• Maintain website, network, and information security.
G. Meet Legal, Safety, and Compliance Obligations
• Comply with laws, regulations, court orders, subpoenas, audits, and lawful government requests;
• Establish, exercise, or defend legal rights and claims;
• Enforce contracts, policies, and website terms;
• Protect health, safety, property, systems, and information;
• Investigate suspected misconduct, security events, or unlawful activity; and
• Support corporate transactions, insurance matters, and risk management.
H. Other Authorized Purposes
We may use personal information for another purpose that is reasonably compatible with the purpose for which it was collected, as permitted by law, or with your consent.
6. WEBSITE ANALYTICS, COOKIES, AND SIMILAR TECHNOLOGIES
A. What Cookies Are
Cookies are small text files or similar technologies stored on or associated with a browser or device. They may support website operation, remember choices, measure traffic, improve performance, provide security, or enable other functions.
B. Technologies Used on Our Website
As of the effective date of this Notice, our website uses or may use the following categories of technology:
1. Essential and WordPress Functionality
The website may use session-based or similar first-party technologies needed to support ordinary website functions, browser compatibility, security, spam prevention, consent-preference storage, and content display. These technologies are considered necessary for the website or requested features to operate and cannot always be disabled through our cookie-preference tool.
A currently detected example is a session-only WordPress function used to determine emoji support. A consent-management tool may also store a necessary cookie or local-storage record so that the website can remember a visitor’s cookie choices.
2. Google Analytics 4
We use Google Analytics 4 to understand general website traffic and usage. Google Analytics may collect information such as Internet Protocol address, device and browser information, pages viewed, referring source, approximate location, and interaction data.
Google Analytics currently uses cookies commonly named “_ga” and “_ga_*.” Based on the site’s current configuration and cookie scan, these cookies may remain for approximately thirteen months, although duration may change based on browser behavior, provider settings, consent choices, or future configuration.
Google Analytics is treated as a nonessential analytics service. It is controlled through our cookie banner or preference tool and does not place analytics cookies unless the visitor has permitted analytics cookies.
3. Cloudflare Web Analytics and Security Services
We use Cloudflare services to support website delivery, traffic analysis, availability, performance, and security. Cloudflare may process technical information such as Internet Protocol address, browser and device information, request details, performance measurements, and security-event data as necessary to provide those services.
Cloudflare Web Analytics is designed to provide aggregate website-performance information without using cookies to track individual visitors across websites. Cloudflare security and content-delivery functions may operate as necessary to protect and deliver the website regardless of analytics-cookie preferences.
4. Website Hosting, Security, and Performance Technologies
Our website uses hosting, backup, content-delivery, malware-prevention, firewall, spam-prevention, performance, email-delivery, and administrative technologies. These services may process technical information and form data to the extent reasonably necessary to operate, protect, maintain, troubleshoot, or back up the website.
C. Cookie Consent and Choices
When you first visit our website, our cookie banner or preference tool allows you to:
• Accept analytics cookies;
• Reject nonessential cookies; or
• Review and manage available preferences.
Nonessential analytics cookies are disabled unless and until you choose to permit them. Rejecting nonessential cookies does not prevent ordinary access to the website, although certain measurements or optional features may be limited.
You may change your selection later through the “Cookie Settings” or similar link provided on the website. You may also control or delete cookies through your browser settings. Browser controls vary, and disabling all cookies may affect website functionality.
D. Embedded Media and Consent Choices
Google Maps and YouTube content are provided through third-party services. Depending on the feature, website configuration, and your consent choices, third-party content may transmit technical information or use cookies or similar technologies when it is loaded or activated. We may use privacy-enhanced settings, click-to-load controls, or consent-based blocking for embedded media when appropriate.
E. Browser Privacy Signals
Where required by applicable law, Jamail & Smith will recognize legally valid universal opt-out preference signals. Because Jamail & Smith does not currently sell personal information or process personal information for targeted advertising as those terms are defined under applicable comprehensive state privacy laws, such signals may not materially change our present website practices.
F. Changes in Technology
Website technologies can change. We review proposed analytics, advertising, social-media, session-recording, and similar technologies before deployment. If we add technology that materially changes our processing practices or requires additional notice, consent, assessment, or opt-out rights, we will update this Notice and implement appropriate controls before or when the technology is activated.
7. EMBEDDED CONTENT AND THIRD-PARTY LINKS
A. Google Maps
Our contact pages may include embedded Google Maps. When a map is loaded or activated, Google may receive technical and usage information, including an Internet Protocol address, browser or device information, the page being viewed, approximate location, and interactions with the map. A map may be delayed until you activate it or permit the applicable external-media preference.
B. YouTube Videos
Our website may include embedded YouTube videos. When an embedded video is loaded, activated, or played, YouTube or Google may receive technical and usage information and may place or read cookies or similar technologies according to the user’s browser, consent choices, account status, and Google’s configuration. We may use YouTube privacy-enhanced mode or delay loading until you activate the video or permit the applicable external-media preference.
C. Social Media and Other Outbound Links
Our website includes links to external services such as Facebook, LinkedIn, Instagram, YouTube, Mailchimp, purchasing cooperatives, and other third-party websites. A standard outbound link does not, by itself, mean that the third party is embedded in our website or receives information before the link is selected. Once you leave our website, the destination service’s privacy policy and terms apply.
D. Independent Third Parties
We do not control the privacy, security, accuracy, availability, or content of independent third-party websites or services. A link is provided for convenience and does not necessarily constitute endorsement of all content, practices, products, or services available through the destination.
8. EMAIL COMMUNICATIONS AND NEWSLETTERS
Jamail & Smith uses an email-marketing service provider to administer newsletter subscriptions and send company news, project updates, hiring announcements, and other communications.
The provider may process contact information, subscription preferences, delivery information, and message-interaction data on our behalf. We expect service providers handling personal information for Jamail & Smith to use it for authorized purposes and maintain appropriate confidentiality and security protections.
You may unsubscribe from promotional email at any time by using the unsubscribe link included in a message. Unsubscribing from promotional messages does not prevent necessary communications concerning an active application, project, contract, payment, safety matter, legal obligation, or other existing relationship.
9. CLIENTS, PROSPECTIVE CLIENTS, AND OTHER BUSINESS CONTACTS
Jamail & Smith may process personal information about individuals acting for clients, prospective clients, public entities, cooperative purchasing organizations, architects, engineers, consultants, and other business or project participants.
We use this information to:
• Communicate about projects, qualifications, proposals, contracts, and services;
• Establish and manage professional relationships;
• Coordinate project planning, execution, documentation, and closeout;
• Meet procurement, audit, safety, legal, and contractual requirements;
• Provide updates and requested information; and
• Maintain appropriate business and project records.
Information processed in a business-to-business or employment-related context may be excluded from some consumer privacy laws. Jamail & Smith will honor applicable rights to the extent required by law and may voluntarily assist with reasonable requests when practical.
10. JOB APPLICANTS
A. Applicant Information
When you submit a resume, complete a career form, email application materials, or otherwise seek employment with Jamail & Smith, we use the information to evaluate you for current and future opportunities, communicate with you, manage recruiting activities, and meet business and legal requirements.
Application materials may be reviewed by authorized Jamail & Smith personnel, hiring managers, and recruiting personnel. They may also be accessed, stored, transmitted, backed up, or otherwise processed by trusted service providers that support recruiting, communications, website administration, hosting, information security, or records management, but only to the extent reasonably necessary to perform services on our behalf.
Access is limited to individuals and organizations with a legitimate business need relating to recruiting, hiring, administration, security, legal compliance, or performance of authorized services on our behalf.
B. Applicant Retention
Applicant information may be retained for as long as reasonably necessary to:
• Evaluate current or future employment opportunities;
• Maintain appropriate employment and recruiting records;
• Meet project, client, security, safety, or legal requirements;
• Comply with applicable recordkeeping obligations;
• Resolve disputes;
• Protect or enforce our rights; and
• Support legitimate business needs.
This means applicant information may be retained after a position is filled and may be considered for future opportunities.
C. No Employment Promise
Submitting an application or communicating with Jamail & Smith does not create an employment relationship, promise an interview, guarantee consideration for a particular position, or alter the at-will nature of employment where applicable.
11. SUBCONTRACTORS, VENDORS, AND OTHER BUSINESS PARTNERS
Jamail & Smith may receive subcontractor, vendor, consultant, or business-partner information through email, telephone, PDF forms, electronic-signature services, project-management systems, document platforms, or other business processes.
We may use the information to:
• Evaluate qualifications and capabilities;
• Establish or maintain prequalification status;
• Verify licensing, insurance, safety, experience, references, and compliance;
• Prepare and administer agreements, work releases, purchase orders, and project assignments;
• Coordinate project performance and communications;
• Process invoices, tax documentation, and payments;
• Conduct audits, investigations, or risk reviews;
• Meet legal, client, insurance, safety, and recordkeeping requirements; and
• Protect our projects, clients, personnel, systems, and business operations.
Subcontractors, vendors, and other business partners are responsible for providing information they are authorized to share and for avoiding unnecessary submission of personal information.
12. HOW WE DISCLOSE PERSONAL INFORMATION
Jamail & Smith does not disclose personal information indiscriminately. We may disclose information in the following circumstances:
A. Trusted Service Providers and Business Support Partners
We may disclose personal information to trusted service providers, contractors, consultants, and other third parties that assist Jamail & Smith in:
• Operating, hosting, maintaining, securing, or backing up our website and systems;
• Administering communications, email delivery, newsletters, or forms;
• Providing analytics and performance services;
• Supporting recruiting, applicant processing, or record management;
• Managing documents, electronic signatures, projects, contracts, and payments;
• Providing professional, technical, security, insurance, legal, accounting, audit, or consulting services; or
• Performing other necessary business duties or functions on our behalf.
These parties may access personal information only to the extent reasonably necessary to perform the services or duties for which they were engaged. We expect service providers handling personal information on our behalf to maintain appropriate confidentiality and security protections, use information only for authorized purposes, and comply with applicable contractual and legal obligations.
We do not authorize service providers to use personal information obtained from Jamail & Smith for their own independent marketing purposes unless the individual has separately directed or consented to that use.
B. Clients, Project Participants, and Business Counterparties
We may disclose information to clients, prospective clients, public entities, architects, engineers, consultants, subcontractors, vendors, sureties, insurers, cooperative purchasing organizations, or other project and business participants when reasonably necessary to pursue, establish, administer, perform, document, secure, or conclude a project or business relationship.
C. Professional Advisors
We may disclose information to attorneys, accountants, auditors, insurers, risk-management professionals, financial institutions, and other professional advisors when reasonably necessary for their services.
D. Legal, Safety, and Security Purposes
We may disclose information when we reasonably believe disclosure is necessary to:
• Comply with law, regulation, legal process, or a lawful government request;
• Respond to a subpoena, court order, audit, or investigation;
• Establish, exercise, or defend legal claims;
• Enforce an agreement, policy, or website term;
• Detect, prevent, or investigate fraud, cyber threats, misconduct, or unlawful activity;
• Protect the rights, safety, property, systems, or information of Jamail & Smith or others; or
• Respond to an emergency.
E. Corporate Transactions
Information may be disclosed or transferred as part of a merger, acquisition, financing, reorganization, sale of assets, change in control, bankruptcy, due-diligence review, or similar corporate transaction, subject to appropriate confidentiality protections when applicable.
F. At Your Direction or With Consent
We may disclose information when you direct us to do so, authorize the disclosure, or intentionally make the information available for a particular purpose.
13. NO SALE OF PERSONAL INFORMATION OR TARGETED ADVERTISING
Jamail & Smith does not sell personal information for monetary or other valuable consideration as “sale” is defined under applicable comprehensive state privacy laws.
As of the effective date of this Notice:
• We do not use Meta Pixel;
• We do not use LinkedIn Insight Tag;
• We do not use Google Ads remarketing tags;
• We do not use Microsoft Clarity or Hotjar;
• We do not process website visitor information for cross-context behavioral or targeted advertising; and
• We do not use website data for profiling that produces legal or similarly significant effects concerning a consumer.
Disclosing information to a service provider that processes it on our behalf for an authorized business purpose is not intended to be a sale of personal information.
If our practices materially change, we will update this Notice and provide opt-out rights or other choices when required by law.
14. DATA RETENTION
We retain personal information for as long as reasonably necessary for the purposes described in this Notice, including to:
• Respond to requests and maintain communication records;
• Evaluate and administer current or future business opportunities;
• Manage projects, contracts, applications, vendors, and subcontractors;
• Meet operational, tax, accounting, audit, insurance, safety, security, and legal requirements;
• Maintain evidence of transactions, authorizations, and compliance;
• Resolve disputes and enforce agreements;
• Detect or investigate security events and misconduct; and
• Maintain appropriate backup, recovery, and business-continuity systems.
Retention periods vary based on the type of information, the relationship, the system in which the information is stored, contractual requirements, applicable limitation periods, and legal obligations.
Website form submissions may be retained in the website database, email systems, backup systems, or downstream business records. Copies may remain temporarily in backups or logs after deletion from active systems until those records are overwritten or expire through ordinary retention processes.
When personal information is no longer reasonably necessary, we may delete it, anonymize it, aggregate it, or retain only the limited information needed for a lawful purpose.
A deletion request may be denied or limited when retention is permitted or required for legal compliance, security, fraud prevention, contracts, recordkeeping, claims, internal operations, or another lawful exception.
15. DATA SECURITY
Jamail & Smith maintains administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, disclosure, alteration, loss, or destruction.
Depending on the systems and information involved, safeguards may include:
• Identity and access controls;
• Multi-factor authentication;
• On-premises and cloud-based directory and identity services;
• Enterprise email and collaboration security;
• Network firewalls and security technologies;
• Endpoint protection;
• Secure cloud and hosting services;
• Website firewall, malware-detection, and spam-prevention technologies;
• Encryption or protected transmission where appropriate;
• Role-based and limited employee access;
• Logging, monitoring, and alerting;
• Backup, recovery, and business-continuity procedures;
• Vendor-management and confidentiality requirements; and
• Administrative policies and employee security practices.
We evaluate and improve safeguards based on business needs, available technology, risk, and the nature of the information involved.
No electronic transmission, storage system, network, website, or security measure can be guaranteed to be completely secure. You should use care when sending information electronically and should not submit highly sensitive information through an ordinary website form or unencrypted email unless specifically requested. Contact us when a more appropriate submission method may be needed.
16. CONSUMER PRIVACY RIGHTS
Depending on where you live, the nature of your relationship with Jamail & Smith, and the law that applies, you may have some or all of the following rights:
A. Right to Confirm and Access
You may have the right to confirm whether we process your personal information and request access to information associated with you.
B. Right to Correct
You may have the right to request correction of inaccurate personal information, considering the nature of the information and the purposes for which it is processed.
C. Right to Delete
You may have the right to request deletion of personal information provided by or obtained about you, subject to legal and operational exceptions.
D. Right to Data Portability
You may have the right to obtain a copy of personal information you previously provided in a portable and, where technically feasible, readily usable format.
E. Right to Opt Out
You may have the right to opt out of processing for:
• Targeted advertising;
• Sale of personal information; or
• Profiling in furtherance of decisions that produce legal or similarly significant effects.
Jamail & Smith does not currently engage in these activities using website visitor information as described in Section 13.
F. Rights Concerning Sensitive Personal Information
Where applicable, you may have the right to provide or withdraw consent for certain processing of sensitive personal information or to request limitations on its use and disclosure.
G. Right to Appeal
If we decline to act on an applicable privacy request, you may have the right to appeal our decision.
H. Right to Nondiscrimination
We will not unlawfully discriminate or retaliate against you for exercising an applicable privacy right.
I. Limitations and Exceptions
Privacy rights are not absolute. A request may be limited or denied when an exception applies, when we cannot reasonably verify the requester, when information is not linked or reasonably linkable to the requester, or when the information is processed in an exempt context.
Certain laws exclude or treat differently information processed in an employment, job-applicant, subcontractor, vendor, owner, officer, employee, or other business-to-business context. We will apply rights consistent with the law governing the particular information and relationship.
17. HOW TO SUBMIT A PRIVACY REQUEST
To ask a privacy question or submit a request to access, correct, delete, obtain, or otherwise exercise rights concerning your personal information, contact us through one of the following methods:
Email:
[email protected]
Telephone:
281-461-7075
Mail:
Privacy Request
Jamail & Smith Construction, LP
16875 Diana Ln
Houston, TX 77058
Please include:
• Your full name;
• Your preferred contact method;
• The nature of your relationship or interaction with Jamail & Smith;
• The specific right or request you wish to exercise; and
• Information reasonably necessary to locate the relevant records.
Do not send a Social Security number, password, complete government-identification number, financial-account credential, or other unnecessary sensitive information in the initial request.
18. VERIFICATION, AUTHORIZED AGENTS, AND APPEALS
A. Identity Verification
To protect personal information, we may take reasonable steps to verify your identity and authority before fulfilling a request. Verification may include confirming information already associated with our records or requesting additional information appropriate to the sensitivity of the request.
We will use verification information only to process and document the request, prevent fraud, and meet legal obligations.
If we cannot reasonably authenticate a request, we may ask for more information or decline to act.
B. Authorized Agents
Where permitted by law, you may designate an authorized agent to submit a request on your behalf. We may require:
• Evidence that the agent is authorized to act for you;
• Direct confirmation from you;
• Verification of your identity; and
• Verification of the agent’s identity or authority.
C. Response Timing
We will respond without undue delay and within the time required by applicable law. For requests governed by the Texas Data Privacy and Security Act, we generally will respond no later than 45 days after receiving an authenticated request.
When reasonably necessary due to the complexity or number of requests, we may extend the response period once by an additional 45 days. If an extension applies, we will provide notice and the reason for the extension within the initial response period.
Responses will generally be provided without charge as required by applicable law. We may charge a reasonable administrative fee or decline repetitive, excessive, technically infeasible, or manifestly unfounded requests when permitted by law.
D. Appeals
If we decline to take action on a request, our response will explain the reason and how to appeal where an appeal right applies.
To appeal, reply to our decision or email [email protected] with the subject line “Privacy Appeal.” Include enough information for us to identify the original request and explain why you believe the decision should be reconsidered.
For an appeal governed by Texas law, we will provide a written appeal decision no later than 60 days after receiving the appeal. If we deny the appeal, we will provide information about how to submit a complaint to the Texas Attorney General.
E. Preservation of Rights
Nothing in this Notice or the Website Terms of Use waives or limits a consumer privacy right that cannot legally be waived or limited.
19. CHILDREN’S PRIVACY
Our website and services are directed to businesses, public entities, professionals, job applicants, subcontractors, vendors, and adults. They are not directed to children under 13, and we do not knowingly collect personal information online from children under 13.
If you believe a child has submitted personal information to us without appropriate authorization, contact [email protected] so we can review the matter and take appropriate action.
We do not knowingly sell personal information of children or use children’s personal information for targeted advertising.
20. UNITED STATES OPERATIONS
Jamail & Smith conducts business in the United States, primarily in Texas and Louisiana, and may operate or pursue opportunities in other states.
Our website is operated from the United States. If you access it from another country, information may be processed and stored in the United States, where privacy laws may differ from those in your location.
We do not represent that the website or this Notice is designed to satisfy the laws of every country outside the United States.
21. CHANGES TO THIS NOTICE
We may update this Notice to reflect:
• Changes in our practices, services, systems, or website technologies;
• New legal, regulatory, contractual, or security requirements;
• Changes in the categories of information we collect or the purposes for which we use it; or
• Other operational developments.
The “Last Updated” date at the top identifies the most recent revision. Material changes may also be communicated through the website, a notice, or another appropriate method.
Your continued use of the website after an update is subject to the revised Website Terms of Use. Privacy choices and rights will be handled according to applicable law, and we will obtain consent to materially different processing when legally required.
22. WEBSITE TERMS OF USE
A. Acceptance of Terms
By accessing or using our website, you agree to these Website Terms of Use. If you do not agree, do not use the website.
These terms apply only to website use and do not replace a signed construction contract, subcontract, purchase order, employment agreement, nondisclosure agreement, project requirement, or other binding agreement with Jamail & Smith.
B. Informational Purpose
Website content is provided for general informational and business-development purposes. It may describe Jamail & Smith, past or current projects, capabilities, services, offices, employment opportunities, subcontracting processes, community activities, or industry information.
Website content does not constitute:
• A binding offer;
• An acceptance of a bid or proposal;
• A promise to award work;
• A guarantee of project availability, scope, schedule, cost, or outcome;
• Legal, financial, engineering, architectural, safety, tax, or other professional advice;
• A warranty regarding a project, product, material, service, or third party; or
• An employment offer or promise.
Only a properly authorized written agreement can bind Jamail & Smith concerning a project, employment relationship, purchase, subcontract, or other transaction.
C. Permitted Use
You may access and use the website for lawful informational and business purposes.
You may not:
• Use the website in violation of law or another person’s rights;
• Attempt to gain unauthorized access to a system, account, server, database, or network;
• Probe, scan, test, circumvent, or interfere with website or network security;
• Introduce malware, malicious code, automated attacks, or harmful content;
• Scrape, harvest, copy, or extract website content or data through automated means except as permitted by law and not restricted by us;
• Impersonate another person or misrepresent affiliation or authority;
• Submit false, misleading, defamatory, infringing, unlawful, or malicious material;
• Interfere with website operation or another person’s use;
• Use contact information obtained through the website for spam, harassment, or unauthorized marketing; or
• Use Jamail & Smith names, trademarks, content, or materials in a misleading manner.
We may restrict or terminate access, preserve evidence, or report activity when we reasonably believe these terms have been violated or security is threatened.
D. Intellectual Property
Unless otherwise stated, the website and its content—including text, graphics, logos, photographs, videos, designs, layouts, project descriptions, icons, and downloadable materials—are owned by Jamail & Smith or used with permission and are protected by intellectual-property laws.
You may view and print reasonable portions for personal, informational, procurement, or legitimate business evaluation purposes. You may not reproduce, republish, distribute, modify, create derivative works from, publicly display, commercially exploit, or falsely attribute website content without prior written permission, except as allowed by law.
“Jamail & Smith Construction,” associated logos, and related marks are trademarks or service marks of Jamail & Smith or their respective owners. No license is granted except the limited right to access the website under these terms.
E. Information You Submit
You retain ownership of information and materials you lawfully submit.
By submitting information to Jamail & Smith, you represent that:
• The information is accurate to the best of your knowledge;
• You are authorized to provide it;
• Providing it does not violate confidentiality, privacy, intellectual-property, contractual, or other rights; and
• It does not contain malware or unlawful content.
You grant Jamail & Smith a limited, nonexclusive right to receive, copy, store, route, review, use, and disclose the submitted information as reasonably necessary to respond, evaluate an application or opportunity, administer a relationship, perform requested or authorized activities, protect our systems, comply with law, and carry out the purposes described in this Notice.
This limited permission does not transfer ownership of your materials to Jamail & Smith.
F. Accuracy and Availability
We work to provide useful and accurate information, but website content may contain errors, omissions, outdated information, or descriptions that no longer reflect current conditions.
We may modify, remove, suspend, or discontinue content or website functionality at any time. We do not guarantee that the website will always be available, uninterrupted, secure, or error-free.
Project photographs, descriptions, awards, client references, locations, and completion information may be abbreviated or presented for illustrative purposes. Rights in certain project materials may belong to clients, designers, photographers, or other parties.
G. Third-Party Content and Links
Third-party links, embedded content, names, products, services, or references are provided for convenience or informational purposes. Jamail & Smith does not control independent third parties and is not responsible for their availability, accuracy, security, content, privacy practices, or terms.
Your use of a third-party service is governed by your relationship with that third party.
H. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES.
JAMAIL & SMITH DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
Nothing in this section limits obligations expressly stated in a signed agreement or warranties that cannot legally be excluded.
I. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, JAMAIL & SMITH AND ITS OWNERS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR THIRD-PARTY CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, JAMAIL & SMITH’S TOTAL LIABILITY ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE WILL NOT EXCEED ONE HUNDRED DOLLARS.
These limitations do not apply where prohibited by law and do not alter liability expressly assumed in a separate signed agreement.
J. Privacy and Nonwaivable Rights
Use of the website is also subject to the privacy provisions of this Notice. Nothing in these Website Terms of Use waives, restricts, or limits a privacy right, consumer right, remedy, or obligation that cannot legally be waived or limited.
K. Governing Law and Venue
Except where applicable law requires otherwise, these Website Terms of Use are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any legal proceeding arising solely from use of the public website must be brought in a court of competent jurisdiction located in Harris County, Texas, unless applicable law requires another forum.
L. Severability and No Waiver
If a provision of these Website Terms of Use is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect.
Failure to enforce a provision does not waive the right to enforce it later.
M. Entire Website Agreement
These Website Terms of Use and the privacy provisions of this Notice constitute the agreement concerning use of the public website. They do not supersede any separate signed agreement governing construction services, employment, subcontracting, purchasing, confidentiality, project administration, or another business relationship.
23. CONTACT US
Questions about this Notice, our privacy practices, or the website may be directed to:
Jamail & Smith Construction, LP
Attn: Privacy
16875 Diana Ln
Houston, TX 77058
Phone: 281-461-7075
Email: [email protected]