Capitalized terms not defined herein shall have the meaning set forth in the HVACNearYou™ Website Terms and Conditions ("Terms and Conditions").
Any use of the Directory Service by Site Users is not intended to, and will not create, an attorney-client relationship between any such Site Users and HVACNearYou™. Without limiting the foregoing, any information submitted to HVACNearYou™ and/or any electronic or other communication sent to HVACNearYou™ will not create, or be covered by, an attorney-client relationship between Site Users and HVACNearYou™.
Shine the Light. If you are a resident of the State of California and would like to know how your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please contact us at: via contact form here or eLocal.com | 1010 Spring Mill Ave | Suite 200 | Conshohocken, PA | 19428, Phone: 877-913-5622.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please contact via contact form here or eLocal.com | 1010 Spring Mill Ave | Suite 200 | Conshohocken, PA | 19428, Phone: 877-913-5622. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
California Consumer Privacy Act of 2018 ("CCPA"). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our "Provisions for California Residents" below for a more complete description of your rights under the CCPA as a California resident.
If you are a resident of the State of Nevada and would like to opt-out from the disclosure of your personal information to any third party data broker, please contact us via contact form here or eLocal.com | 1010 Spring Mill Ave | Suite 200 | Conshohocken, PA | 19428, Phone: 877-913-5622.
From time to time, when you call us, when we call you, or when we forward calls between users and thirty party businesses, we may record those calls for quality assurance and customer satisfaction purposes. We will notify you at the beginning of any and all calls that we record.
Please see our Provisions for California Residents below for additional details regarding how we use the personal information collected.
Where you register to access any of the HVACNearYou™ Offerings, we use the personal information that you make available to personalize your experience with the Site, facilitate the provision of the applicable HVACNearYou™ Offerings to you and for verification purposes. You also agree that we may contact you at any time, via e-mail or other means: with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the HVACNearYou™ Offerings; with information regarding third party products, services, offers and/or promotions that we think might be of interest to you.
If you wish to stop receiving future communications from us, please see the Opt-Out/Unsubscribe section below.
By submitting your personal information in connection with the HVACNearYou™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources.
Please see our Provisions for California Residents below for additional details regarding how we collect and share your non-personal information.
IP Addresses/Browser Type We may collect certain non-personally identifiable information about you when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Internet Explorer, Chrome, Safari), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the HVACNearYou™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze HVACNearYou™ Offerings usage, as well as to offer you products and services.
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the HVACNearYou™ Offerings. We reserve the right to retain Cookie data indefinitely.
As a general rule, other than as set forth below, neither HVACNearYou™, nor any third parties, track the activity of Site Users in connection with the Site. However, when an Advertiser is logged into its account, we track changes in such Advertiser's status and updates to its profile. We may use this activity data to target those Advertisers with more specific marketing messages. In addition, when an Advertiser opens or clicks on links in email marketing messages from us, we record that information and may use it to refine subsequent marketing messages. This tracking will usually occur even where the applicable Advertiser has selected the "do-not-track" option on its Internet browser.
We use Google Analytics on the Site, as well as a conversion rate optimization platform called Visual Website Optimizer. These platforms do not record personal information of Site Users, but aggregate information and activity only.
HVACNearYou™ does not track Site Users' use of the HVACNearYou™ Offerings across multiple devices, including personal computers and mobile devices.
The Site may contain links to third-party owned and/or operated websites including, without limitation, websites owned and/or operated by our Third Party Service Providers. HVACNearYou™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and HVACNearYou™ has no responsibility or liability relating to them.
We endeavor to safeguard and protect our users' personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). The privacy of your personal information is very important to us. When our registration process asks users to submit Sensitive Information (such as credit card information), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and is protected with Transport Layer Security (“TLS”) encryption software.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect against the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure.
Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our users' personal information is restricted in our offices. Only employees or third party agents who need personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. HVACNearYou™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. HVACNearYou™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Please see our Provisions for California Residents below for additional details regarding how California State residents can opt-out from the sale of their personal information.
To opt-out of receiving e-mail advertising, SMS text-based marketing (where and to the extent permitted by applicable law), telemarketing and direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or email us by submitting a contact form here here.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your use of the HVACNearYou™ Offerings and to respond to any inquiry or request made by you. To opt-out of receiving HVACNearYou™ Offerings-related and inquiry response-related messages from HVACNearYou™, you must cease utilizing the HVACNearYou™ Offerings and submitting inquiries to HVACNearYou™, as applicable.
Please see our Provisions for California Residents below for additional details regarding how California State residents can delete and/or access their personal information.
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us via contact form here; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information will terminate your access to some or all of the HVACNearYou™ Offerings. If you wish to continue using the HVACNearYou™ Offerings, you may not delete the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
To file a complaint regarding our privacy practices, please click here.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device ("personal information"). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|F. Internet or other similar network activity.||Browsing history, search history, information on a CA User's interaction with a website, application or advertisement.||YES|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||YES|
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):
We may use or disclose the personal information that we collect for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.
Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information (Category A, B, D, F and I): (a) with/to the third party service providers that offer the products and services featured on the Site; and (b) for the other business purposes set forth above.
When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
We disclose your personal information for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):
In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:
In the preceding twelve (12) months, we have sold the above referenced categories of personal information to the third party service providers that offer the products and services featured on the Site.
The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:
We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of the receipt of your request.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.
You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require you to create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.
We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
We reserve the right to amend these Provisions in our discretion and at any time. When we make changes to these Provisions, we will notify you by email or through a notice on the Site's homepage.