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privacy notice

Captive-Aire Systems, Inc. and its corporate subsidiaries and affiliates (collectively, the "Company") know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We want you to understand the types of information we collect, how we use that information, how we secure it, and how we share it.

1. Consent

This Privacy Notice applies to all information gathered for and on behalf of the Company through any website operated by or on behalf of the Company, including, but not limited to, www.captiveaire.com, together with any and all future websites that are operated by or on behalf of the Company. By using www.captiveaire.com, or participating in any program or service managed by the Company, you consent to the data collection and use practices described in this Privacy Notice. If you have questions about this Privacy Notice or the protection of your information, please contact the Privacy Officer at privacyofficer@captiveaire.com.

BY SUBMITTING PERSONAL INFORMATION TO THE COMPANY, AND/OR BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT THE COMPANY MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY NOTICE AND THE TERMS AND CONDITIONS AS PERMITTED OR REQUIRED BY LAW.

2. Consent to Share and Disclose Information, Including International Data Transfers

In addition to consenting to this Privacy Notice, you expressly consent to the Company sharing the information that you have provided, as described herein. The Company may share information with companies that provide support services to it, such as credit card processors, couriers, shipping companies, mailing houses, web hosts, technical support providers, fulfillment centers or other service providers, or for enforcing or investigating transactions or business operations, because these companies may need information about you in order to perform their functions. These companies are not authorized to use the information the Company shares with them for any other purpose, but the Company does not control these companies. You agree that the Company and those with whom it shares information (the "Recipients") may disclose and transfer your information worldwide, including in and outside the United States, the European Economic Area, Canada, and other jurisdictions serviced by the Company, for any purpose relating to the Company's operations and programs.

3. Consent to Electronic Notice if there is a Security Breach

If the Company or a Recipient is required to provide notice of unauthorized access of certain security systems, you agree that the Company, or the Recipient, may do so when required or voluntarily by posting notice on the website or sending notice to any email address the Company or the Recipient has for you, in the good faith discretion of the Company or the Recipient. You agree that notice to you will count as notice to any other individual for whom you are acting and agree to provide the notice to any such individual.

4. Type of information we may collect

Personal Information is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to a Social Security Number and/or Identification Number (hereinafter "SSN/I.N") or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Personal Information shall include but is not limited to: name, home address, home zip code, home telephone number, mobile phone number, email address, Social Security Number and/or Identification Number, financial information and employment related information such as may be found on resumes, applications, background verification information, or in employment references.

Non-personal information is information that is already a matter of public record or knowledge. Business contact information is considered non-personal information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: business name, business address, business telephone number, and is not considered personal information in certain jurisdictions.

5. Internet Users - Cookies, Internet Protocol (IP) Address, Aggregate Information

Cookies - In addition to Personal Information, we use data collection devices such as "cookies" on certain web pages to help analyze our web page flow and measure promotional effectiveness. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site and services.

Disabling/enabling cookies - You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

Web Beacon - Also called a Web bug or a pixel tag or a clear GIF. We use pixels tags or transparent GIF files, to help manage our online advertising and promotions. These tags collect anonymous (not personally identifiable) information about which advertisements and promotions bring users to our website. With both cookie and tag technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address.

Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail. When the HTML code for the Web beacon points to a site to retrieve the image, at the same time it can pass along information such as the IP address of the computer that retrieved the image, the time the Web beacon was viewed and for how long, the type of browser that retrieved the image and previously set cookie values.

Web beacons are typically used by a third-party to monitor the activity of a site. A Web beacon can be detected by viewing the source code of a Web page and looking for any IMG tags that load from a different server than the rest of the site. Turning off the browser's cookies will prevent Web beacons from tracking the user's activity. The Web beacon will still account for an anonymous visit, but the user's unique information will not be recorded.

Internet Protocol (IP) Address - an Internet Protocol (IP) Address is associated with your computer's connection to the internet. The Company may use your IP address to help diagnose problems with the Company's server, to administer the Company's websites and to maintain contact with you as you navigate through the Website. Your computer's IP address also may be used to provide you with information based upon your navigation through the Company's websites. The Company does not link IP addresses to any Personal Information.

Aggregate Information - is used to measure the visitors' interest in, and use of, various areas of the Company's websites and the various programs that the Company administers, the Company will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, the Company may undertake statistical and other summary analyses of the visitors' behaviors and characteristics. Although the Company may share this aggregate information with third parties, none of this information will allow anyone to identify you, or to determine anything else personal about you.

6. Children and Data Collection

The Company adheres to the United States Federal Privacy Protection standards as stated in the Children's Online Privacy Protection Act ("COPPA"). We care about the safety of children. We will not knowingly allow anyone under 13 to provide us any personally identifying information. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at privacyofficer@captiveaire.com. We will use reasonable efforts to promptly delete the child's information from our servers.

7. Collection and Use of Customer Information

We collect Personal Information that you enter on the Company's websites or otherwise voluntarily provide to us. The following are some examples of situations in which you may choose to provide information to us:

  • When you decide to register with our websites or create an online account;
  • When you purchase something from us or otherwise engage in a transaction with us;
  • When you enter contests, participate in any of our promotions, or accept any prizes from us;
  • When you choose to sign up for email alerts or subscribe to receive other information from us;
  • When you voluntarily complete a survey;
  • When you contact us for any reason, such as by email, including for technical support or customer service;
  • When you apply for a job through our websites; and
  • When you use our websites, online services, or software.

The Personal Information we collect from you will vary depending on the services you are using, the sites you are visiting, and how you access those services and websites. The information you provide to us may include your name, your user ID, your email address(es), your phone number (which may include mobile phone number), your credit card information, and your postal address.

In all of these situations, we will ask you to provide the information to us, but you may choose not to do so. We try to ask for only the information we genuinely need to provide you with the services, features, or communications you are requesting, and if you prefer not to share that information with us, we may not be able to fulfill your request.

Some additional examples of why we ask for your information include:

  • To provide the products and services you order or request;
  • To communicate with you, respond to your requests, or provide you with updates and information;
  • To better understand our users, their interests, and their preferences;
  • To develop, deliver, and improve our products, services, and other offerings; and
  • For internal purposes such as auditing and data analysis.

If you do provide us with Personal Information we may use the information to contact you, via e-mail, regular mail, telephone or other means, to provide you with information that you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services.

8. Opt-Out of Email and Mobile Updates

You may have the opportunity to elect to receive email and mobile communications from the Company. The Company will only email you or send you mobile alerts if you elect to receive them. If you elect to receive email and mobile communications, the Company will send you occasional updates about new additions to the Website as well as special offers and promotions of which you can take advantage. If at any time you decide you would rather not receive these types of communications from the Company, you can opt-out by clicking the unsubscribe link at the bottom of any the Company email, or contact the Privacy Officer at privacyofficer@captiveaire.com.

9. Sharing of Personal Information

The Company does not sell Personal Information to third parties. We may share Personal Information with our service providers, consultants and affiliates for our internal business purposes, as further described in Section 2 above. Except as described in this Privacy Notice, the Company will not share Personal Information with a third party, unless a customer requests, consents to such disclosure, or disclosure is required or authorized by law.

We may share your Personal Information with agents, affiliates or service providers who act for or on behalf of the Company in connection with the business of the Company, or for further processing the data in accordance with the purpose(s) for which the data was originally collected (for example, Personal Information may be provided to a courier or freight forwarder in order to fulfill an order). We require our agents, affiliates and service providers to agree to maintain the confidentiality and security of Personal Information they maintain on behalf of the Company and not to use it for any purpose other than the purpose for which we retained them.

The Personal Information you provide the Company is considered a company asset and may be disclosed and/or transferred to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, or financing of all or any portion of the Company or of any of the business assets or shares of the Company or a division thereof, in order for a customer to continue to receive the same products and services from the third party.

Although we make every effort to preserve user privacy, we reserve the right to disclose Personal Information to a third party in certain limited circumstances, specifically: to comply with a law, regulation, search warrant, subpoena, judicial proceeding, a court order, or as otherwise may be required by law, to enforce our policies or contracts, to collect amounts owed to us, to protect users of our sites from fraudulent or abusive use, during emergencies when safety is at risk, as determined by the Company, or otherwise where necessary for the establishment, exercise or defense of legal claims. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the web site. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

10. Security

We endeavor to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use and modification.

We safeguard your Personal Information on the Internet by using industry-standard practices. Although "guaranteed security" does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with our Privacy Notice and all applicable laws and regulations. We maintain physical, electronic and procedural safeguards as appropriate to safeguard your Personal Information.

Currently, our website utilizes a variety of different security measures designed to protect Personal Information of users both inside and outside the Company, including the use of encryption mechanisms (e.g., Secure Socket Layers or SSLs), password protection, and other security measures to help prevent unauthorized access to your personally identifiable information. This helps maintain the confidentiality, privacy, and integrity of your transactions, and helps to protect your confidential information - such as credit card numbers, online forms, and financial data from loss, misuse, interception and hacking.

11. Storage, Retention and Accuracy of Personal Information

The Company insures that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information.

The Company will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purpose(s) remains valid after termination of our relationship with you.

We take all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.

The Company may store your Personal Information in its databases located in the United States and/or other countries outside of the European Economic Area. Additionally, some of our service providers may reside in the United States or other countries outside of the European Economic Area and will be subject to the laws of the local jurisdiction. As a result, in certain circumstances, the United States and other foreign governments, courts, law enforcement agencies or regulatory agencies may be entitled to access the Personal Information collected and held by the Company.

12. Access, Control and Update Information About You

We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. Therefore, whenever you believe that your Personal Information needs to be updated, you can email us at privacyofficer@captiveaire.com to update your contact information. You may choose at any time to remove your name, telephone numbers, and postal and email addresses from the lists we use to send notices or updates and elect not to receive correspondence from us by sending us an email at privacyofficer@captiveaire.com. To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making changes.

13. Contact Information

You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another employee to assist in completing your requested task.

If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by telephone at: (800) 334-9256; by email at: privacyofficer@captiveaire.com; or by mail at 4641 Paragon Park Road, Raleigh, NC 27616. We will address your concern and attempt to resolve any problem.

14. Links to Non-the Company Websites and Third Parties

Please note that the Company's websites may contain links to other web sites for your convenience and information. The Company does not control those sites or their privacy practices, which may differ from this Privacy Notice, and this Privacy Notice does not apply to external websites. We do not endorse or make any representations about third party web sites. The personal data you choose to give to unrelated third parties is not covered by this Privacy Notice. We encourage you to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with the Company; that sharing is governed by that third party's privacy policy.

15. Social Media and Online Engagement

The Company uses a variety of new technologies and social media options to communicate and interact with consumers. These sites and applications include popular social networking and media sites, online communities and more. To better engage the public in ongoing dialog, the Company uses, or in the future may use, several third-party platforms including, but not limited to, Facebook, Twitter, and YouTube. These third party platforms are Web-based technologies that are not exclusively operated or controlled by the Company. When interacting with the Company's presence on those platforms, you may reveal certain personal information to the Company or to third parties. Except when used by the Company's employees for the purpose of responding to a specific message or request, the Company will not use, share, or retain the information you post on such platforms. Your use of such platforms is subject to the privacy policies of such platforms and is not covered by this Privacy Notice, and we encourage you to review the privacy policy of any company or website before submitting your Personal Information.

16. Your California Privacy Rights

Under California's "Shine the Light" law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please email the Privacy Officer at privacyofficer@captiveaire.com or write to us at:

Privacy Officer
In Care of Captive-Aire Systems, Inc.
4641 Paragon Park Road
Raleigh, NC 27616
Attention: California Disclosure Information

We will respond to such written requests within 30 days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or otherwise exempted by law. Please note that we are required only to respond to each customer once per calendar year.

17. Safe Harbor Adherence

Captive-Aire Systems, Inc. complies with the U.S. Department of Commerce Safe Harbor requirements regarding the collection, storage, use, retention, and transfer of personal information from the European Economic Area ("EEA") or Switzerland to the United States in accordance with the EU Directive on Personal Data Protection and the Swiss Federal Act on Data Protection.

Further information regarding the Safe Harbor program and as well as our certification can be found at www.export.gov/safeharbor. We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Notice.

18. Residents of the European Union, European Economic Area, and Switzerland

If you are a resident of a Member State of the European Union, European Economic Area or Switzerland and have any concerns or complaints, please first address these issues to the Privacy Officer. All matters relating to privacy issues and websites are governed by the laws of the United States and the State of North Carolina. If the Privacy Officer does not satisfactorily address a complaint within thirty (30) days, any dispute, controversy or claim shall be settled by an arbitration administered by the International Centre Dispute Resolution / American Arbitration Association (ICDR/AAA) Safe Harbor Program (http://go.adr.org/safeharbor). All arbitrations will be conducted in English. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. You may also submit complaints to the Federal Trade Commission at http://www.ftc.gov/ftc/complaint.htm or via phone at (202) 382-4357.

19. Changes to our Privacy Notice

The Company will update this Privacy Notice occasionally. When the Company posts changes to this Privacy Notice, we will also revise the "Last Updated" date below on the Company's Privacy Notice. If there are material changes to this Privacy Notice, the Company will notify you by email, or by means of a notice on our home page. The Company encourages you to review this Privacy Notice periodically to be informed of how the Company is protecting your information and to be aware of any changes to the Privacy Notice. Your continued use of the site after the posting of any amended Privacy Notice shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Notice are effective immediately after being posted by the Company.

Last Updated: April 22, 2014