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WARM CORP WEST'S PRIVACY POLICY POLICY

Last Updated on December 27, 2020

 

Warm Corporation West, doing business under the names Warm Corporation West and Warm Floors, is a corporation based in the State of California and is referred to as “Warm Corp West” herein. Warm Corp West owns and manages the websites www.warmcorpwest.com and www.warmfloors.com (collectively referred to as the “Website”).  The Website provides a wide array of information relating to Warm Corp West’s business, including, without limitation, the systems available for purchase, news and updates, relevant projects, and Warm Corp West’s contact information.

 

This Privacy Policy (the “Privacy Policy”) sets forth the terms applicable to the personal information collected from the Website, as well as Warm Corp West’s usage, handling and collection thereof. This Privacy Policy further details the rights granted to users of the Website with respect to their personal information and data.

 

Warm Corp West is dedicated to protecting the privacy of its clients and Website users. Warm Corp West employs all available measures to protect personal information and data submitted on the Website.

 

 

  1. APPLICABILITY

 

Any provision, submission or entering of personal information by Users on the Website shall be governed and handled according to the terms of this Privacy Policy.

 

This Privacy Policy shall apply to any collection, usage, handling, storage and retention of personal data and information obtained from the Website or as part of this Website. This Privacy Policy shall apply retroactively to all personal information collected or provided on the Website prior to the introduction of this Privacy Policy.

 

  1. BACKGROUND AND INTERPRETATION

 

In this Privacy Policy, users of the Website may be collectively referred to as the “Users” or individually, as a “User”, “you”, “your” and other similar terms. For interpretation purposes, Users shall include Warm Corp West’s clients, and users of the Website.

 

Warm Corp West sells, designs, installs and services heating and cooling systems for residential, commercial, industrial and institutional clients in the State of California. Considering Warm Corp West’s activities are primarily targeted to Users based in the United States, the Website is not intended for Users based outside of the United States.

 

  1. ACCEPTANCE OF THIS PRIVACY POLICY

 

Upon using, visiting or otherwise accessing the Website, you shall be deemed to have accepted the terms of the latest version of this Privacy Policy, in full and without restriction. As such, your usage, interactions with or visiting of the Website shall signify your acceptance of this Privacy Policy and the entirety of its terms.

 

If you do not agree with the terms of this Privacy Policy, in full or partially, Warm Corp West urges you to not use or otherwise access the Website. If you are in disagreement with any provision of this Privacy Policy, your sole recourse shall be to not use the Website.

 

  1. APPLICABLE LEGISLATION

 

This Privacy Policy has been prepared in accordance with applicable privacy and confidentiality laws in the United States, more specifically those applicable in the State of California.

 

This Privacy Policy is consistent with the California Civil Code.  There is currently no United States federal-level privacy law equivalent or similar to the General Data Protection Regulation 2016/679 (the “GDPR”). While this Privacy Policy is not intended for Users residing in the European Union (EU) or in the European Economic Area (EEA), many terms in this Privacy Policy are in harmony with the GDPR.

 

Although the Website may be accessed from anywhere in the world, Warm Corp West does not warrant that the terms of this Privacy Policy comply with international laws applicable outside of the United States. International Users of the Website agree to use the Website at their sole risk, without warranties of international compliance by Warm Corp West.

 

  1. PERSONAL INFORMATION

 

In accordance with applicable privacy laws, personal information refers to information that allows for an individual person to be identified, both directly or indirectly. Personal information allowing for the direct identification of an individual may include the individual’s name, residential address, email address, contact information and other similar information.

 

Personal information may not allow for the direct identification of a particular individual, but may nonetheless constitute personal information. Such “indirect” personal information would include, without limitation, a User’s IP address and location, as well as information relating to a User’s economic, social, or cultural identity.

 

As a User of the Website, you will benefit from a series of rights granted by Warm Corp West in connection with your personal data. Such rights are further detailed in this Privacy Policy.

 

In this Privacy Policy, the terms “personal information” and “personal data” are used interchangeably to refer to the same concept.

 

  1. NO REQUIREMENT TO PROVIDE PERSONAL DATA

 

Warm Corp West shall only collect personal data you provided voluntarily on the Website or in accordance with this Privacy Policy. There is no requirement for Users to provide personal data on the Website. All portions of the Website are accessible to Users without restriction: No part of the Website is available solely to Users who have provided personal information, except for the contact section of the Website, which invites Users to input personal information and for the portal described in Section 6.1 herein.

 

You may, however, be asked to submit your name, email address, occupation and phone number in the contact form on the Website and/or to allow Warm Corp West to send you a newsletter on a regular basis. You may choose to provide additional information, such as your contact information and residential address.

 

  1. Portal

 

Warm Corp West is in the process of establishing an online portal, which shall be accessible via the Website. The portal shall be password-protected. The portal shall allow the Users to access information regarding the projects to which the User is involved, including proposals, contracts, change orders, plans and schematics. By accessing the portal, the User recognizes certain information regarding projects involving the User shall be accessible and available through the portal.

 

  1. PROTECTION AND SAFEGUARD OF PERSONAL DATA

 

All personal information you provide on the Website will never be sold, rented, leased, transferred, distributed, or otherwise disclosed or made available to any third party, except with your prior explicit consent.

 

  1. Prevention of Unauthorized Disclosures

 

Warm Corp West shall not disclose or communicate any personal information provided on the Website to any third party, except under the circumstances detailed in this Privacy Policy, or pursuant to applicable laws, regulations or an enforceable court order.

 

To this effect, Warm Corp West has implemented various procedures to prevent the unauthorized spread and disclosure of Users’ personal data. The procedures put in place by Warm Corp West consist of a series of precautions and safety measures to thoroughly safeguard Users’ personal information. The precautions and safety measures developed by Warm Corp West apply to its employees, contractors, service providers and other third parties who may gain access to personal data provided on the Website. 

 

Further, Warm Corp West shall use its best commercial efforts to ensure all personal information collected from the Website remains protected from unauthorized disclosures, damage, deletion and destruction.

 

  1. Permitted Disclosures

 

Any disclosure of personal information by Warm Corp West shall be for a specific and predefined purpose as set forth in this Privacy Policy. In all cases, Warm Corp West shall only disclose personal information to its employees and third parties who are subject to confidentiality obligations that are as stringent and binding as those detailed in the present Privacy Policy.

 

For the avoidance of doubt, Warm Corp West shall ensure the disclosure of personal information is limited to an “as needed” basis. Warm Corp West may disclose personal data to its employees, contractors, service providers, or other parties to fulfill a purpose set forth in this Privacy Policy.

 

  1. PERSONAL DATA COLLECTED

 

  1. Personal Information Provided Voluntarily

 

Warm Corp West does not require that you provide personal information to access or use the Website. You acknowledge, however, that unless otherwise specified, upon your submission of forms, personal information or content on the Website, Warm Corp West shall gain access to the personal information provided.

 

You further recognize that Warm Corp West shall have access to any information you provide on the Website. You may provide information by completing an online form on the Website or subscribing to Warm Corp West’s newsletter.

 

You acknowledge that Warm Corp West may collect your personal information when managing or responding to your questions, inquiries and support requests.

 

  1. Passively Obtained Information

 

As a result of your usage of the Website, Warm Corp West may obtain information passively from cookies, log files and other similar technologies. This information may relate to your browsing history, your preferences, your location and the device upon which you access the Website.

 

Warm Corp West may also obtain personal data through Google analytics, network monitoring, and database management. This type of information may not necessarily allow Warm Corp West to identify you personally as this information tends to consist of an IP address, location and other information relating to a User’s usage of the Website.

 

Warm Corp West shall collect such indirect personal information for the purposes of improving your user experience on the Website and preventing unauthorized access.

 

  1. PROTECTION OF MINORS

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The Website is designed and intended for users who at least sixteen (16) years old. Warm Corp West does not knowingly target or advertise to minors.

 

If you are less than sixteen (16) years old, your parent or legal guardian must authorize your usage of the Website. Warm Corp West encourages you to be accompanied by your parent or legal guardian at all times while using the Website. Further, if you use the Website, even while accompanied by a parent or lawful guardian, please refrain from sharing any personal information.

 

  1. PURPOSE OF PERSONAL DATA COLLECTION

 

Warm Corp West shall use your personal information solely to fulfill a predetermined purpose in accordance with the terms of this Privacy Policy. The usage of your personal data shall be limited in time and in scope to the extent required by Warm Corp West’s legitimate business interests, and according to the applicable privacy laws and regulations.

 

  1. Standard Purposes of Collection

 

Warm Corp West shall be authorized to use your personal information in furtherance of the following purposes:

 

  • to provide you with information regarding the systems and services offered by Warm Corp West;

  • to comply with a valid court order, a legal obligation or applicable legislation;

  • for reasons of public interest or reasons relating to the public domain; and/or

  • to respond to your inquiries, questions, requests, and other claims;

  • to provide cooling or heating systems and/or services purchased;

  • to perform a task that you explicitly authorized.

 

  1. Collection for the Provision of the Newsletter

 

Warm Corp West may collect your personal information, such as your email, to deliver its newsletter. This newsletter may constitute Warm Corp West’s primary means of communicating with Users. Any changes to the services, and systems may be announced in the newsletter.

 

  1. Specific Purposes of Collection

 

In addition to the above, you recognize that your personal information may be used in furtherance of the following purposes:

 

  • to provide you with personalized content, customized offers and recommendations;

  • to perform statistical analyses, by comparing your usage of the Website in contrast to the usage by other Users, and to evaluate certain portions of the Website;

  • to notify you of promotions, content and events that may be of interest;

  • to improve the Website, its pages and content on a regular basis;

  • to release communications and emails regarding the Website.

 

As per the data minimization obligation, Warm Corp West undertakes to limit its usage of your personal information to that which is absolutely necessary to fulfill the purpose of the collection. Warm Corp West shall not use your personal information unreasonably or excessively considering the purposes of the collection.

 

  1. STORAGE OF PERSONAL DATA

 

Personal information provided on the Website will be stored by the Website’s web developer and host. The web developer and host’s handling of personal data shall be compliant with applicable laws and regulations pertaining to the collection, protection and handling of personal data.

 

Firstly, Warm Corp West offers the Users a series of rights in connection with their privacy. If a User shares his or her residential address, Warm Corp West never stores the address on the Website.

 

Your personal data shall be stored in Warm Corp West’s servers, or in an authorized third party’s servers for a reasonable duration. Your personal data shall remain stored for the duration that is necessary taking into account the applicable laws, and the authorization you provided.

 

Warm Corp West may store personal data for an extended duration for reasons of public interest. In all cases, Warm Corp West shall not maintain your personal data on file for an excessive duration.

 

  1. RIGHTS GRANTED TO USERS

 

  1. Right to Obtain Information

 

You shall have the right to request specific information regarding Warm Corp West’s collection and usage of your personal data. The present Privacy Policy details which information is collected by Warm Corp West and how such personal information is used.

 

If you wish to obtain more specific information relating to your personal information, you are invited to send Warm Corp West a written request by way of email. Such request shall specify the information sought. Warm Corp West shall then assess the request. If the information requested is available, Warm Corp West shall provide it within a reasonable timeframe.

 

  1. Right to Request Corrections

 

Warm Corp West employs reasonable commercial efforts to ensure the personal information on file remains accurate, updated and correct.

 

If you discover that the personal information held on file or from the Website is incorrect, erroneous, unusable, or otherwise misleading, you shall have the right to request that Warm Corp West perform the necessary corrections.

 

The request for corrections and rectifications shall be transmitted to Warm Corp West by email.  Warm Corp West shall make all necessary corrections and updates promptly as of its receipt of the User’s request.

 

  1. Right to Request Deletions

 

Users of the Website shall have the right to ask for their personal information to be deleted or erased from Warm Corp West’s files and servers. As with all requests, the request for deletion shall be provided in writing.  

 

Warm Corp West shall delete a User’s personal data, further to a request, upon the fulfillment of any of the following conditions: (1) the personal information is no longer necessary to fulfill the purpose for which it was collected, or (2) the consent provided by the User with respect to its personal information has been withdrawn or expired, or (3) there is no legitimate reason for Warm Corp West to maintain the personal data on file.

 

Warm Corp West shall handle any deletion requests within thirty (30) days or within a reasonable delay as of Warm Corp West’s receipt of the request. If the request is approved, Warm Corp West shall erase, delete or otherwise destroy the relevant personal data from its servers, and Warm Corp West shall provide the requesting User with a written confirmation thereof.

 

  1. Right to Object to Processing

 

You shall have the right to object to Warm Corp West’s processing of your personal data for reasons of convenience or further to particular circumstances. Warm Corp West shall evaluate all such request while taking into consideration your interests and rights as well as the grounds for processing your information.

 

If Warm Corp West determines that the requesting User’s rights and interests outweigh the reasons for Warm Corp West’s processing, Warm Corp West shall cease processing of the User’s personal data.

 

Any User may object to the processing of its personal information for specific purposes, such as for promotional and marketing purposes. In such cases, Warm Corp West shall not process the User’s personal data for the purpose requested. If the processing of your personal data is required for reasons of public interest or by law, Warm Corp West may not be able to fully cease the processing of your personal information.

 

  1. Right to Revoke Consent

 

You may provide Warm Corp West with an explicit permission to use your personal data for purposes beyond the scope permitted by this Privacy Policy. Any permission you provide to Warm Corp West may pertain to the collection, usage, storage, disclosure and/or handling of your personal information. To grant such a permission, you must be at least sixteen (16) years of age.

 

Warm Corp West shall be authorized to use your personal data in accordance and to the extent specified in the permission provided.

 

You may revoke the permission granted to Warm Corp West, at any time, by sending a written notice in accordance with the terms of this Privacy Policy.

 

  1. CALIFORNIA PRIVACY LAWS

 

Section § 1798.83 of the California Civil Code grants California residents the right to request information regarding the disclosure of their personal information for direct marketing purposes.

 

At this time, Warm Corp West does not disclose, share, or transmit its Users’ personal information for direct marketing purposes. If Warm Corp West elects to do so in the future, Warm Corp West shall ensure Users are notified in advance. At all times, the Users shall have the option of opting out of these direct marketing initiatives.

 

At this time, Warm Corp West do not subject its Users to automated decisions and profiling as a result of using the Website. In the event that Warm Corp West does so in the future, every User shall have the right to request to be excluded from such profiling, unless: (1) it is required for Warm Corp West to perform automated decisions and profiling, (2) the automated decision profiling is authorized by the laws of the State of California, which govern Warm Corp West’s activities, or (3) Warm Corp West obtained the User’s prior consent to participate in automated decisions and profiling.

 

  1. DISCLOSURE FOR LEGAL PURPOSES

 

Warm Corp West may disclose your personal information pursuant to a court order or legal obligation.

 

Warm Corp West shall communicate all personal information required to comply with applicable laws and regulations. In such cases, Warm Corp West may disclose your personal data without having obtained your prior consent and without notifying you in advance. Warm Corp West’s sharing of personal information shall be limited to the data that is strictly required as per the legal obligation.

 

If required to share personal information as a result of a valid court order, Warm Corp West shall disclose the personal information in accordance with the instructions specified in the court order. If possible, Warm Corp West shall notify the relevant User following its receipt of the notice of the court order. The purpose of Warm Corp West’s notification shall be to allow the User to secure a protective order or other legal remedy available.

 

  1. SECURITY

 

As detailed throughout this Privacy Policy, Warm Corp West utilizes strict processes to protect the security of Users’ personal information. Warm Corp West shall not share personal data with any third party, except as provided in this Privacy Policy. Warm Corp West shall employ the necessary precautions, at all times, to safeguard personal data from unauthorized access, disclosures, or other breaches.

 

Despite Warm Corp West’s best efforts, the transmission of personal information on the Internet is never 100% secure. Warm Corp West cannot guarantee the security of your personal data transmitted via the Website. You acknowledge that your provision of personal data on the Website shall be at your sole risk. You further agree that Warm Corp West shall not be responsible for any unauthorized usage, distribution or sharing of personal data, except to the extent required by applicable laws.

 

  1. THIRD PARTY LINKS

 

The present Privacy Policy applies solely to the Website, and does not apply to any third party links, services, websites and/or applications (collectively, the “Third Party Links”). Some portions of our Website may allow you to connect with or direct you to Third Party Links.

 

Such Third Party Links are unrelated to Warm Corp West, and may not be affiliated with Warm Corp West.

 

Any provision of personal information to Third Party Links shall be governed by third party’s policies and terms. Warm Corp West disclaims any liability for information that may be provided by such Third Party Links. The foregoing disclaimer shall not affect your rights against the third party.

 

  1. COOKIES

 

The Website may use a technology commonly referred to as “cookies”. Cookies consist of small data files that are downloaded on Users’ devices or computers when they visit a particular website. Cookies allow for the recognition of the device upon which Users access the Website. Downloaded cookies recognize a User’s device and are capable of tracking browsing history. They may also save a User’s preferences.

 

  1. Disabling Cookies

 

You may disable cookies by turning them off or by adjusting your browser settings. Please note that some parts of the Website may not be optimized if cookies are turned off or disabled.

 

Another way to disable cookies is to opt out of third party advertising networks, such as Google Analytics and the Digital Advertising Alliance. This can be accomplished by downloading an ad blocker to filter online advertising. When an ad blocker is active on your device, cookies will usually be blocked as well.

 

  1. UPDATES TO THIS PRIVACY POLICY

 

Warm Corp West reserves the right to update, modify or amend this Privacy Policy at any time, at its discretion. The latest version of the Privacy Policy shall be published on the Website and shall specify the date of the update.

 

The latest version of the Privacy Policy shall be binding as of its publication on the Website. Your usage of the Website following the publication of the updated Privacy Policy shall be construed as your acceptance of the updated Privacy Policy.

 

  1. UNSUBSCRIBING AND OPTING OUT

 

You may unsubscribe from Warm Corp West’s newsletter by selecting the unsubscribe option on the newsletter. You may also submit a request to unsubscribe or to opt out of the newsletter by sending Warm Corp West an email to this effect.

 

Upon opting out or unsubscribing from Warm Corp West’s newsletter, you may continue to receive emails from Warm Corp West regarding systems, services inquiries, administrative matters and this Privacy Policy.

 

You may manage your receipt of marketing and non-transactional communications by clicking the “unsubscribe” link located at the bottom of any Warm Corp West marketing emails or by emailing a request to contact@warmfloors.com.

 

  1. QUESTIONS AND COMMENTS

 

Any questions or comments regarding this Privacy Policy should be sent to Warm Corp West by email (contact@warmfloors.com).

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