Privacy Notice

Captive-Aire Systems, Inc. and its corporate subsidiaries and affiliates (collectively, the "Company," "we," "us," or "our") 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.

This Privacy Notice applies to all Personal Information gathered for and on behalf of the Company when you visit 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, or engage with us in other related ways, including sales, marketing or events, online and offline. By using www.captiveaire.com, or participating in any program or service managed by the Company, you agree to the data collection and use practices described in this Privacy Notice.

This Privacy Notice does not address our processing of the Personal Information of our job applicants, employees, and contractors for human resources, employment, benefits administration, health and safety, and other similar business-related and legal compliance purposes. If you are a California resident and are a job applicant, employee, or contractor of the Company, or an emergency contact of or beneficiary of benefits provided to one of the above listed categories of individuals, please refer to our California Privacy Notice and Notice at Collection for Employees or our California Privacy Notice and Notice at Collection for Job Applicants, as appropriate, for information about our collection, use, disclosure, and retention of your Personal Information.

Individuals with disabilities may access this Notice in an alternative format by contacting privacyofficer@captiveaire.com. Certain terms used in this Privacy Notice have the meanings given to them in the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act and implementing regulations (collectively the "CCPA"). 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 AS PERMITTED OR REQUIRED BY LAW.

1. Types of Personal Information We May Collect

Depending on your interactions with us, we may not have collected each of these categories of Personal Information about you. However, we may collect (and may have collected during the 12-month period prior to the effective date of this Notice) the following categories of Personal Information about you:

  • Identifiers, such as your real name, alias, postal address, unique personal identifier (e.g., device identifier, unique pseudonym, or user alias/ID), online identifiers, IP address, email address, account name, and other similar identifiers.
  • Internet or other electronic network activity information, such as information about your device(s) when accessing our websites and your usage details of our websites, information you provide when filling in forms on our websites, or information you provide when requesting further information, products, or services from us.
  • Categories of personal information described in California Civil Code § 1798.80, such as name, signature, telephone number, financial information such as bank account number, credit card number or debit card number, or other financial information.
  • Professional and employment-related information, such as information relating to your position (e.g., job title, job description, or department), employment status, employment history, or business email address.
  • Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Geolocation data, such as time and physical location related to use of an internet website, application, device, or physical access to an office location.
  • Sensory or surveillance information, such as video surveillance of our factories, offices, and other physical locations.
  • Inferences and profiles based on other personal information, such as information about your behavior, preferences, characteristics, psychological trends, or predispositions.
  • Other information you choose to provide

We do not collect or process "sensitive personal information" (as defined by the CCPA) for the purpose of inferring characteristics about individuals.

2. Sources of Personal Information

We collect and receive, and during the 12-month period prior to the effective date of this Privacy Notice, may have collected and received Personal Information from the following sources:

  • Directly from you when you provide it to us;
  • From third parties, such as our service providers and business partners;
  • Automatically and indirectly from you, such as through logging and analytics tools, cookies, pixel tags, and other similar technologies on our website.
3. Choices About How We Use and Disclose Personal Information

We strive to provide you with choices about the Personal Information you provide to us. We may use "cookies" and other similar tracking technologies, like web beacons or pixel tags, to make your visit better and more efficient, including by allowing us to recognize your device and browser, and to store information that is important for the improvement of our services. A cookie is a text-only string of information that is stored on your computer or mobile device when you visit a website. A cookie may contain things like the name of the domain from which the 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 website and services. We may also use tracking technologies to understand which of our emails you interact with.

The Company uses essential cookies, personalization cookies, and analytical cookies. We do not use targeted or behavioral advertising cookies at this time.

  • Essential Cookies: We may store cookies on your device if they are necessary for us to offer and provide our services. These cookies are called "essential cookies" and they are strictly necessary for the website and services to function. They are required for you to navigate through the website and web application and benefit from the available functions. These cookies cannot be switched off in our system. You can set your browser to block or alert you about these cookies, but some parts of our website or services may not work for you if you do so.
  • Personalization Cookies: These cookies allow us to remember choices you make and to give you better functionality and personalized features, including by remembering your preferences‐‐such as choice of language or font size changes‐‐and providing you with more relevant information by storing your regional location.
  • Analytical Cookies: These cookies are placed to aid us in understanding how you interact with the website, which parts you use the most, and how you engage with our services. This helps us create statistics of usage and the amount of time you spend on the website. These cookies also allow us to identify and count returning visitors. These statistics help us to improve our website and the services we offer on it. Google Analytics uses cookies to help us analyze how visitors use the website. The information generated by the cookies about your use of the website includes your IP address. If you so choose, you may be able to opt out by turning off cookies in the preferences settings on your browser. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: https://policies.google.com/technologies/partner-sites.

You have the ability to accept or decline cookies by modifying the settings in your browser or by visiting our cookie consent platform. However, you may not be able to use all the interactive features of our site if cookies are disabled. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.

Your web browser may have a "Do Not Track" feature that is intended to automatically inform websites you visit not to track your online activities. Our website does not process or respond to these "Do Not Track" signals from your browser. We also do not respond to "universal opt-out mechanisms" because we do not engage in targeted or behavioral advertising on our website.

4. Children and Data Collection

We care about the safety of children. Our websites are not intended for or designed to attract children under the age of 18, and we will not knowingly solicit or collect Personal Information from children we actually know are under the age of 18.

5. Collection and Use of Personal Information

Generally, when we ask you to provide Personal Information to us, 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 the Personal Information we have requested with us, we may not be able to fulfill your requests.

We may use, disclose, or otherwise process (and may have used, disclosed, or otherwise processed in the 12-month period prior to the effective date of this Notice) your Personal Information for the following purposes:

  • To provide the products and services you order or request;
  • To provide our websites and support the features and contents available to you;
  • To communicate with you, respond to your requests, or provide you with updates and information, including promotional content about the products and services we provide and transactional messages;
  • To better understand our customers, their interests, and their preferences, and to determine what features and services may interest you and our other customers;
  • Troubleshooting, de-bugging, and otherwise addressing issues that may arise with the functionality of our websites;
  • Helping to ensure security and integrity, to the extent the use of your Personal Information is necessary and proportionate for these uses;
  • To operate, develop, deliver, and improve our organization, products, services, and other offerings;
  • To protect the legal rights, property, safety, and security of records or information of our customers, website users, our organization, and others, including detecting and preventing security incidents, fraud, misuse, harassment, and other malicious, deceptive, unauthorized, or illegal activity;
  • To comply with a legal or regulatory obligation, as well as industry standards, judicial process, any properly authorized civil, criminal, or government or regulatory investigation or request, or any subpoena or summons issued by a competent authority;
  • To enforce our policies, terms of use, or rights arising from contracts; and
  • For internal purposes such as auditing and data analysis.

We may also aggregate or de-identify Personal Information by removing any details that identify you personally. Aggregated or de-identified data will not be subject to this Notice and will be used to the extent permissible under applicable law. We will also use, disclose, or otherwise process your Personal Information for such purposes as you have given your consent at the time you submit the information or as otherwise compatible with the above-listed purposes or your reasonable expectations.

6. 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 do elect to receive email and mobile communications, the Company will send you occasional updates about things like new additions to the Website and future products or services that may be of interest to you, 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 Company email, responding STOP to any mobile communication, or contacting the Privacy Officer at privacyofficer@captiveaire.com.

7. Sharing of Personal Information

The Company does not:

  • Sell your Personal Information;
  • Share or disclose Personal Information for cross-context behavioral advertising;
  • Use your sensitive Personal Information for purposes other than those allowed by the CCPA as set out in Cal. Code Regs. tit. 11 § 7027(m);
  • Sell or share the Personal Information of individuals under 16 years of age as those terms are defined under the CCPA;
  • Sell or share your SMS consent with third parties.

We may disclose, and in the preceding 12 months we may have disclosed, the categories of Personal Information identified in "Types of Personal Information We May Collect," above, to the categories of entities listed below for our business or commercial purposes as further described in "Collection and Use of Personal Information," above. Except as described in this Privacy Notice, the Company will not share Personal Information with a third party, unless a customer requests the disclosure, consents to such disclosure, or the disclosure is required or allowed by law.

We may share your Personal Information with:

  • Subsidiaries or affiliates;
  • Service providers who act for or on behalf of the Company in connection with the business of the Company, such as our IT operating system and platform vendors, security vendors, monitoring and data analytics providers, and payment service providers.
  • ther third parties, such as potential buyers 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; to regulatory authorities or other third parties 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; during emergencies when safety is at risk, as determined by the Company; otherwise where necessary for the establishment, exercise or defense of legal claims; and to other similar third parties where disclosure is required for an ordinary business purpose in connection with our provision of products or services.
8. 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. We make commercially reasonable efforts to collect and secure Personal Information consistent with our Privacy Notice and applicable laws and regulations. In addition, we take measures to limit access to Personal Information to those employees, agents, contractors, and other third parties that have a legitimate business need for such access. Although we use appropriate security measures once we have received your Personal Information, the transmission of information over the internet is never completely secure, so we cannot guarantee that your Personal Information will remain secure in all circumstances.

9. Storage and Retention of Personal Information

The Company takes reasonable steps to ensure Personal Information is safeguarded against unauthorized loss, access, use, modification, disclosure or other misuse. The Company will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected, including but not limited to providing and administering the website, providing you with customer service, answering your queries, and to comply with applicable laws, regulations, rules, and requests of relevant law enforcement and/or other governmental agencies, and protecting our employees', our business partners' and our clients' rights, property, or safety, and the rights, property and safety of others. We may retain Personal Information for a longer period of time if a longer retention period is required or permitted by applicable law. In specific circumstances, we may also retain your Personal Information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

10. Contact Information

If you have any questions or complaints about this Notice or our privacy practices, 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 problems.

11. Links to Non-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 Information 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 other company or website to learn more about their privacy practices.

12. Your California Privacy Rights

The CCPA provides California residents with specific rights regarding their Personal Information. This sub-section describes those rights and explains how to exercise them. This sub-section is applicable only to individuals who reside in the State of California.

  • Know and Access: California residents have the right to request, twice in a 12-month period, that we disclose the Personal Information we have collected about them, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about them.
  • Correction: California residents have the right to request that we correct the Personal Information we maintain about them, if that information is inaccurate.
  • Deletion: California residents have the right to request that we delete certain Personal Information we have collected about them, subject to certain exceptions.
  • Portability: California residents have the right of portability, or the right to have us transfer their Personal Information to other persons or entities twice in a 12-month period, upon their request.
  • Non-Discrimination: California residents have the right to not be discriminated against for exercising their privacy rights.

How to Submit a Request. California residents can exercise their privacy rights by submitting a request to us at privacyofficer@captiveaire.com or calling us at (800) 334-9256. The verifiable request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. The verifiable request must also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Verifying Requests. To help protect the privacy of California residents requesting to exercise their privacy rights ("Requestors") and maintain security, we will take steps to verify the Requestors' identity before granting access to their Personal Information or complying with their request. If a Requestor asks us to provide them with specific pieces of Personal Information, we may require they sign a declaration under penalty of perjury that they are the individual whose Personal Information is the subject of the request and provide appropriate proof of identity.

For requests to know or delete information about a child under the age of 13, we accept requests for information regarding minors under the age of 13 if we can determine that such requests were submitted by a parent or guardian.

Authorized agents may initiate a request on behalf of an individual using the same methods described above. Authorized agents will be required to provide proof of their authorization, and we may also require that the individual directly verify their identity and the authority of the authorized agent. Individuals may also provide us with a signed and dated power of attorney naming the authorized agent as their representative.

Responding to Requests. Within 10 days of receiving a request to delete, to correct, or to know, we will confirm receipt of the request and provide information about how we will process the request. We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform the Requestor of the reason and extension period in writing. We may deny the request if we cannot verify the individual's identity or are legally permitted to deny the request, such as if processing it proves impossible or would involve disproportionate effort.

If we deny the request, we will explain the basis for the denial, provide or delete any Personal Information that is not subject to the denial, and refrain from using the Personal Information retained for any purpose other than permitted by the denial. We will maintain a record of the request and our response for 24 months. We do not charge a fee to process or respond to verifiable requests unless they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell the Requestor why we made that decision and provide them with a cost estimate before completing the request.

13. 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. 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: September 5, 2024