The Policy applies to information we collect:
- On this Website.
- Through our Apps and Products.
- In e-mail, text and other electronic messages between you and Products/Apps/Websites.
- Through calls made to our customer service department.
- through any other means not expressly stated in this policy, including on any other websites operated by Zephyr or any third party (including our affiliates and subsidiaries); or
Our Products/Apps/Websites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on Products/Apps/Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not:
- use or provide any information on or through the Products/Apps/Websites or on or through any of their features; or
- provide any information about yourself to us, including your name, address, telephone number, e-mail address or user name you may use.
2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT ITWE MAY COLLECT SEVERAL TYPES OF INFORMATION FROM AND ABOUT USERS OF OUR PRODUCTS/APPS/WEBSITES, INCLUDING INFORMATION:
- by which you or your household may be personally identified or associated with, such as name, postal address, e-mail address, telephone number, pictures of you and third parties, videos of you and third parties, or any other identifier by which you may be contacted online or offline (“personal information“);
- that is about you, but does not identify you;
- about your internet-connected Products and their performance, use, settings and activity information; and
- about your internet connection, the equipment and devices you use to access our Products/Apps/Websites and usage details.
- directly from you when you provide it to us;
- automatically as you navigate through the Websites;
- through our Apps and Products for their intended use as set forth in the Apps and Products documentation through embedded software;
- through cookies, web beacons and other tracking technologies; and
- from third parties, for example, our service providers for our business partners.
3. INFORMATION YOU PROVIDE TO USTHE INFORMATION WE COLLECT ON OR THROUGH OUR PRODUCTS/APPS/WEBSITES MAY INCLUDE:
- information that you provide by filling in forms on our Apps/Websites. This includes information provided at the time of subscribing to one of our services, posting material or requesting further services;
- residential addresses, business names, business addresses, sales leads, contact information for third parties that may include individual’s names, phone numbers, addresses, email addresses, which some of this information may contain personal information;
- information that you may submit when you report a problem with our Products/Apps/Websites;
- records and copies of your correspondence (including e-mail addresses), if you contact us;
- your responses to surveys that we might ask you to complete for research purposes; and
- financial information that you may be requested to provide regarding sales leads through our Products/Apps/Websites or service partner websites.
4. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIESAs you navigate through and interact with our Products/Apps/Websites, we may use automatic data collection technologies to collect certain information about your devices, data, equipment, browsing actions and patterns, including:
- details of your use of and visits to our Products/Apps/Websites, including Product performance data, traffic data, location data, logs and other communication data and the resources that you access and use on the Products/Apps/Website;
- information about your devices, computer and internet connection, including your IP address, operating system and browser type; and
- information about the status, use and household conditions related to connected devices through our Products/Apps/Websites embedded software.
The information we collect automatically may include personal information or we may maintain it or associate it with personal information that we collect in other ways or receive from third parties. This practice helps us to improve our Products/Apps/Websites and deliver a better and more personalized service, including by enabling us to:
- estimate our audience size and usage patterns;
- store information about your preferences, allowing us to customize our Products/Apps/Websites according to your individual interests;
- speed up your searches; and
- recognize you when you return to our Products/Apps/Websites.
- Cookies (or browser cookies). A cookie is a small file placed on your device or computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Apps/Websites.
- Flash Cookies. Certain features of our Apps/Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Apps/Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
- Web Beacons. Pages of the Apps/Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us to count users who have visited those pages or opened an e-mail and for other related Websites statistics (for example, recording the popularity of certain Websites content and verifying system and server integrity).
- Connected Devices. By utilizing a connected device, you are agreeing to allow the transfer of the usage data to us for review to assess the usage patterns and performance of the connected device and may allow communications regarding your connected device or household conditions.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
6. HOW WE USE YOUR INFORMATIONWe use information that we collect about you or that you provide to us, including any personal information:
- to present Products/Apps/Websites and its contents to you;
- to provide you with information, products, or services that you request from us;
- to fulfill any other purpose for which you provide it;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to notify you about changes to our Products/Apps/Websites or any products or services we offer or provide though it;
- to allow you to participate in interactive features on or through the Products/Apps/Website;
- to provide general marketing materials and updates on other Zephyr products;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
7. DISCLOSURE OF YOUR INFORMATIONWe may disclose aggregated information about our users, and information that does not identify or specifically associate with any individual, without restriction.
- to our subsidiaries and affiliates;
- to contractors, service providers and other third parties we use to support our business;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Zephyr’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Zephyr about the Apps/Websites users is among the assets transferred;
- to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
- to fulfill the purpose for which you provide it;
- for any other purpose disclosed by us when you provide the information;
- with your consent;
- to comply with any court order, law or legal process, including to respond to any government or regulatory request;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Zephyr, our customers or others;
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI Websites and DAA Websites. (http://www.networkadvertising.org/choices/) and (http://www.aboutads.info/choices/)
10. YOUR CALIFORNIA PRIVACY RIGHTSThe California Consumer Privacy Act (CCPA) grants California residents the right to:
- know whether your personal information is being collected;
- know what personal information is being collected about you;
- upon verifiable request, request that we disclose the categories and specific pieces of personal information that we have collected about you;
- upon verifiable request, request that we disclose the categories of personal information that we sold about you and the categories of third parties to whom the personal information was sold or disclosed for a business purpose;
- upon verifiable request, opt out of the sale of your personal information (or the right to opt in, if they are under the age of 16); and
- upon verifiable request, request that we delete your personal information.
Within 45 days of our receipt of your verifiable request, we will provide any/all of such information, depending on what exactly your verifiable request calls for. We reserve the right not to satisfy such a verifiable request from the same consumer more than twice in a 12-month period. We also reserve the right to retain a consumer’s personal information, even upon verifiable request to have it deleted, if it is necessary for us to maintain the consumer’s personal information in order to: (1) Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer; (2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (3) Debug to identify and repair errors that impair existing intended functionality; (4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; (6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent; (7) Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business; (8) Comply with a legal obligation; or (9) Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
We may provide you the ability to post information on or through the Apps/Websites. If you are a California resident who is under 18 and a registered user of the Apps/Websites and you are unable to remove content or information you posted in a public area of the Apps/Websites by following the instructions provided on the Apps/Website, you may request removal by contacting us at email@example.com or at 1-888-880-8368. When requesting removal please be specific about the information or content you want removed and provide the URL for each page on the Websites where it is located, or the screen location of the Apps. We are not required to remove any content or information if: (a) federal or state law requires us or a third party to maintain the content or information; (b) the content or information was not posted by you, the registered user; (c) we anonymize the content or information so that you cannot be identified; (d) you don’t follow our instructions for removing or requesting removal; or (e) you received compensation or other consideration for providing the content or information. REMOVAL OF YOUR POSTED CONTENT OR INFORMATION FROM THE APPS/WEBSITES DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public. Also, some content and information you post that has been copied or reposted by a third party is outside of our control and will not be removed.
11. DATA SECURITYWe have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Products/Apps/Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Products/Apps/Websites.
2277 Harbor Bay Parkway
Alameda, CA 94502
TERMS & CONDITIONSTHE FOLLOWING TERMS AND CONDITIONS OF USE APPLY TO THE SALE OF GOODS ('PARTS', 'PRODUCTS', 'ACCESSORIES', OR 'MERCHANDISE') BY Zephyr (a service of Zephyr Ventilation ('Zephyr', 'THE COMPANY', 'SITE', 'WE', 'OUR', OR 'US') TO CUSTOMERS ('CUSTOMERS', 'YOU', 'YOUR', AND 'YOURS') THROUGH OUR INTERNET SITE AT www.zephyronline.com. THESE TERMS AND CONDITIONS MAY NOT APPLY TO PURCHASES MADE BY CUSTOMERS DIRECTLY FROM THE SUPPLIERS OR MANUFACTURERS WE SUPPORT OR IN ANY MANNER TO OTHER FORMS OF PROCUREMENT A CUSTOMER MAY USE TO ATTAIN SIMILAR GOODS. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AS NO OTHER TERMS APPLY. BY USING OR ACCESSING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE AND ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS OF USE. PLEASE EXIT THE SITE.
1. USEZephyr grants you permission to view this Site for your own personal use provided that you agree to and accept without modification the notices, terms, and conditions set forth in the 'Terms and Conditions of Use'. You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative material from, transfer information, or sell any material, information or products from this Site. As a condition of your use of this Site, You represent and warrant to Zephyr that You will not use this Site for any purpose that is unlawful or prohibited by these terms.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Products which is subject to additional or altered terms and conditions shall be null and void.
2. PRODUCTS & ORDERSZephyr continually updates and revises the products that it sells through this Site. As such, Products may be discontinued at any time and differences between what is shipped and what is described may occur on occasion without prior notice. While Zephyr will use all reasonable efforts to fulfill any and all orders it receives, the Company cannot guarantee the availability of a particular Product displayed on the Site. Prices displayed on the Site reflect U.S. Dollar amounts and do not include shipping, handling, or sales tax (if applicable) which will be added to the sub-total of the order. The Customer is responsible for the payment of shipping/handling charges and local/state/use taxes that may apply to an order. To verify credit card authorization, a dollar will be charged to your credit card. Once the transaction is completed, we will refund a dollar to your credit card within 5 - 7 business days.
While Zephyr strives to provide an error-free Site, we cannot guarantee that all content is 100% accurate and/or complete, including price, product information, and product specifications. As such, Zephyr reserves the right to correct price errors as they are discovered, revoke any stated offer and to otherwise correct any errors, inaccuracies, or omissions. This right extends to orders that have already been submitted by a Customer and accepted by Zephyr.
3. TAXESThe total price of any order will include applicable state sales taxes only. All other taxes which may be applicable are the sole responsibility of and shall be paid by the Customer.
4. CHANGES TO DELIVERY ADDRESSChanges to delivery addresses may result a minimum $10.00 fee to be added to your order in the following cases: 1) You provided an inaccurate address to Zephyronline.com, or 2) You have the delivery forwarded to an alternate location after the order was placed, or 3) And any other circumstances were the minimum fee maybe warranted due to the error of the customer.
5. REFUSED PACKAGESZephyr incurs a return shipping fee equal to the cost of shipping the product to You when You refuse the shipment or are not available to complete the delivery. Zephyr reserves the right to pass this fee on to You by deducting the amount from the total credit due.
6. RETURN AND WARRANTY POLICIESPlease refer to the Zephyr's online store Return Policy located on the Customer Service page.
7. COPYRIGHT NOTICEAll content on this Site is the property of Zephyr and protected by U.S. and international copyright laws. All software used on this site is the property of Zephyr and protected by US and international copyright laws. Users of this Site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
8. TRADEMARKSThe trademarks, service marks, and/or logos (the 'Trademarks') used and displayed on this Site are registered and unregistered Trademarks of Zephyr Ventilation and the suppliers and manufacturers of the Products offered for sale on this Site. Nothing contained within this Site should be considered as granting any right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner.
9. LIMITATION OF LIABILITYYOUR USE OF THIS SITE IS AT YOUR OWN RISK. In no event shall Zephyr, its officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect or other damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence or otherwise, regardless of whether or not Zephyr has been advised of the possibility of any such damages.
10. LINKS TO THIRD PARTY SITESThe Site may contain links to sites owned or operated by parties other than Zephyr Ventilation. Such links are provided for your convenience only. Zephyr Ventilation does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Zephyr Ventilation specifically disclaims, without limitation, any responsibility if such sites:
- Infringe any third party's intellectual property rights;
- Are inaccurate, incomplete or misleading;
- Are not merchantable or fit for a particular purpose;
- Do not provide adequate security;
- Contain viruses or other items of a destructive nature; or
- Are libelous or defamatory.