Privacy Policy

1. Introduction & Scope

BM Surplus ("BM Surplus", "we", "us", or "our") operates bmsurplus.com. We are committed to transparency and safeguarding the Personally Identifiable Information (PII) and commercial account records of our trade partners, contractors, builders, and website visitors.

This privacy policy has been compiled to better serve trade professionals concerned with how their personal and commercial data is handled online. PII, as described in United States privacy law and information security standards, is information that can be used on its own or with other information to identify, contact, or locate an individual, or identify an individual in context.

This policy details our practices regarding information collection, usage, and protection in accordance with United States privacy laws and the Texas Data Privacy and Security Act (TDPSA).

2. What Information We Collect

We collect information when you browse our catalog, submit RFQs, register trade accounts, or communicate with our Houston order desk:

• Personal & Business Contact Information: Name, job title, company name, business email address, phone number, billing address, and jobsite delivery address.
• Commercial & Tax Verification Documents: Texas Sales and Use Tax Resale Certificates (Form 01-339), state taxpayer IDs, contractor licenses, and corporate entity records required for wholesale tax-exempt status.
• Takeoff & Specification Data: Product selections, quantity estimates, architectural takeoff PDFs, room schedules, and cut-sheet specifications submitted through our quote drawer.
• Payment Verification Documentation: For authorized credit card payments up to $5,000, signed payment authorization forms, cardholder government photo ID copies, and physical card photocopies required under our dispute prevention protocol.
• Website Activity & Device Information: Technical data including IP address, browser type, operating system, referring URL, pages viewed, time spent per product, and mobile advertising IDs (such as Apple IDFA or Android Advertising ID).

3. When and How We Use Your Information

We collect information when you fill out a quote form, upload plans, enter details on our website, or interact with our sales desk. We utilize this information in the following ways:

• To generate line-item wholesale price quotes, pro forma invoices, and project material schedules.
• To coordinate warehouse staging, forklift loading schedules, and jobsite flatbed freight dispatch.
• To verify Texas sales tax-exempt status with the Texas Comptroller of Public Accounts.
• To respond promptly to inquiries, order status requests, and technical material questions.
• To deliver relevant commercial closeout bulletins and wholesale surplus inventory alerts.
• To prevent commercial fraud, verify cardholder authorization, and protect against illegitimate payment disputes.
• To improve catalog navigation, mobile performance, and user experience across bmsurplus.com.

4. How We Protect Your Information

Your personal and business data is contained behind secured networks and is only accessible by authorized personnel bound by strict confidentiality obligations.

5. Cookies & Tracking Technologies

Yes, we use cookies. Cookies are small data files transferred to your computer's hard drive through your web browser (if permitted) that enable our systems to recognize your browser, maintain state, and remember specific selections.

We use cookies to:

• Remember and maintain items in your saved Quote List across catalog sessions.
• Understand user preferences and popular material categories based on site activity.
• Compile aggregate traffic and interaction metrics to optimize website loading speeds.

You can configure your browser to warn you each time a cookie is sent or disable cookies altogether. If you disable cookies, you can still view all catalog materials, although interactive features like saved quote lists may require re-selection.

6. Third-Party Disclosures & Service Partners

We do not sell, trade, or transfer your Personally Identifiable Information to outside parties for marketing or monetary compensation. This does not include trusted partners who assist us in operating our website, conducting our trade operations, or servicing your orders, provided those parties agree to keep all information confidential:

• Freight & Dispatch Carriers: Third-party flatbed carriers and hotshot logistics providers receive delivery addresses and site superintendent contact details solely to complete scheduled material deliveries.
• Infrastructure Partners: Secure cloud hosting, database, and email delivery vendors operating under confidentiality agreements.
• Legal & Fraud Prevention: We may release records when appropriate to comply with applicable laws, court subpoenas, enforce our Terms of Sale, or protect against fraudulent transactions.

7. Google Services & Advertising Principles

Google advertising principles govern advertising requirements to ensure positive user experiences. We, along with third-party vendors such as Google, use first-party cookies (such as Google Analytics cookies) and third-party identifiers to evaluate catalog traffic, material interest, and page performance.

Opting Out: Visitors can customize Google advertising preferences via the Google Ad Settings page, or opt out of analytics tracking using the Google Analytics Opt-Out Browser Add-on.

Do Not Track (DNT) Signals

We honor Do Not Track signals and do not plant unauthorized tracking cookies when a DNT browser mechanism is active.

Third-Party Behavioral Tracking

We do not permit third-party behavioral tracking for consumer profiling purposes on bmsurplus.com.

8. Texas Data Privacy and Security Act (TDPSA) Disclosures

Under the Texas Data Privacy and Security Act (TDPSA), Texas business operators and consumers are entitled to clear disclosures regarding personal data handling:

• No Sale of Personal Data: BM Surplus does not sell personal or commercial customer data to third-party data brokers.
• Consumer Rights: Texas residents have the right to confirm whether we process their personal data, access the categories of personal data maintained, request corrections to inaccurate records, or request deletion of personal information subject to statutory business record-keeping laws.
• Submitting a TDPSA Request: To exercise your statutory privacy rights, email our material desk at support@bmsurplus.com with the subject line "TDPSA Privacy Request". We verify and respond within the statutory 45-day window.

9. CAN-SPAM Act & Commercial Communications

The CAN-SPAM Act establishes standards for commercial email and guarantees recipients the right to halt incoming messages. In strict accordance with CAN-SPAM:

• We never use deceptive, false, or misleading email subjects or header addresses.
• We clearly identify commercial messages as inventory updates or project communications.
• We display the physical location of our Houston material staging warehouse in all communications.
• We honor opt-out and unsubscribe requests promptly within 10 business days.

10. Fair Information Practices & Incident Notification

In accordance with Fair Information Practices principles, should a verified security event affecting personal records occur:

• We will notify affected trade customers via email within 7 business days.
• We will post a public advisory on bmsurplus.com within 7 business days.
• We adhere to the Individual Redress Principle, ensuring individuals retain legally enforceable rights against unlawful data handling.

11. Children's Online Privacy Protection Act (COPPA)

bmsurplus.com is exclusively a commercial B2B procurement platform for building materials and does not market to or knowingly collect data from children under the age of 13. In accordance with the COPPA Rule enforced by the Federal Trade Commission, our services are strictly restricted to commercial trade entities.

12. Contacting BM Surplus

If you have questions regarding this privacy policy, wish to update your trade account details, or submit a Texas data inquiry, please contact our Houston office: