PRIVACY POLICY
Privacy Policy – elitecustomservices.com
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
We do not use an SSL certificate
• We do not need an SSL because:
we don’t have ecommerce
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
However, you will still be able to place orders.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
We do not include or offer third-party products or services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
You can change your personal information:
• By emailing us
• By calling us
• By logging in to your account
• By chatting with us or by sending us a support ticket
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We will notify the users via in-site notification
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails:
• Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.
Contacting Us
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone or via mail Attn: Privacy Officer 2114 58th Ave East, Bradenton , FL 34203
In accordance with state and federal law, Elite Heating and Air (the “Company”) is required to establish certain safeguards for our customers and our potential customers when contacting them over the telephone (including any texting, although the Company maintains separate additional opt-out safeguard policies for texting communications). These safeguards include (a) the use of the National Do Not Call Registry and (b) instituting procedures for maintaining a list of persons who request not to receive telemarketing calls made by or on behalf of the Company.
1. At least every thirty-one (31) days, the Company will access the National Do-Not-Call Registry maintained by the Federal Trade Commission and download the information contained in the Registry. All telephone numbers downloaded from the National Do-Not-Call Registry (except those numbers belonging to a consumer with whom the Company has an established business relationship) will be deleted from the calling lists used by the Company.
2. Even when a residential consumer has listed his or her telephone number on the Registry, the Company may contact that consumer if the Company has an established business relationship with the consumer. The Company typically has an established business relationship with a consumer when: (1) the consumer has made a purchase with the Company within eighteen (18) months immediately preceding the date of the solicitation or (2) the consumer has made an inquiry or sent an application regarding products or services of the Company within three (3) months immediately preceding the date of the solicitation; provided that the established business relationship has not been previously terminated by the consumer. Be aware that in certain states this time frame may be different, and you will be advised of that by your manager when applicable.
3. In the event your specific CRM system can be considered an automatic telephone dialing system, the Company may require either that the telephone call be hand-dialed, or that the consumer has supplied a heightened express authorization allowing their telephone number (if cellular) to be used to contact them live or via text messaging.
4. The Company will not initiate any telephone solicitation before 9:00 a.m. or after 9:00 p.m., local time for the consumer Monday through Sunday. Be aware that in certain states this time frame may be different, and you will be advised of that by your manager when applicable.
5. Immediately after the customer and/or potential customer answers, the Company’s representative will (i) provide the customer and/or potential customer with his or her name, (ii) explain that he or she is calling on behalf of the Company, (iii) provide him or her with a telephone number at which he or she may contact the Company’s representative, (iv) explain that the purpose of the call is to sell goods or services, and (v) explain the nature of the goods or services that the Company is offering.
6. If the customer and/or potential customer requests to not receive any further telemarketing calls from the Company the Company’s representative will properly note this request. the Company will then, in accordance with applicable law, remove that phone number from the Company’s calling lists.
7. A customer and/or potential customer has the right to obtain a copy of the Company’s Do Not Call Policy and the Company will make its Do Not Call Policy available upon request to any customer and/or potential customer. Accordingly, Company representatives are required to promptly advise their manager or supervisor of any such request, so that the Company can send a copy of its Do Not Call Policy via pre-paid first-class mail.
It is the Company’s goal to provide customers and/or potential customers with the privacy that they request. The Company strives to prevent any accidental repeat telephone calls from being placed to someone who does not wish to receive such calls. As part of its continual quality control procedures, the Company may choose, from time-to-time, to test its Standards and Procedures to ensure that its representatives are properly complying with its Standards and Procedures.
Text Communications
Original customer text, carriers requested that the highlighted section be added for compliance:Additionally, we may ask you to voluntarily provide personally identifiable information (PII) in a few circumstances. For example, when you purchase items, we will ask you to voluntarily provide certain PII, such as, your name, address, telephone number, e-mail address, and credit card number. We need this information to process and fulfill your order and notify you of order status. Other examples of when we may ask you to voluntarily provide PII include if you subscribe to our email program (information such as your name and e-mail address), choose to provide us preference information (such as interests, product preferences, and items purchased), or when you enter a sweepstakes or promotion (information such as name, address and telephone number). Information obtained from the short code opt-in will not be shared with third parties for their own marketing purposes.
How does Elite Cooling Pros use the information it collects?
In addition to the uses described in the above sections, Elite Cooling Pros may use the information to fulfill product orders; to fulfill your requests (such as contact us, email a friend or shipping updates,); to contact you or the product recipient(s) in the event of order or delivery difficulties; to serve site content; to provide marketing communications regarding our products, services and promotions to you (including sending cart abandonment emails) and to people in your account; to analyze your activity with us, including interaction with our Websites, the effectiveness of our advertising and your purchases; to personalize our communications to you; to respond to your inquiries; to update information maintained in your online profile; to conduct surveys, sweepstakes or contests; and to develop our products, services, and Websites. We may also use the information that we collect under this Privacy Policy for the purpose of providing personalized content across different Internet browsers or devices that you use to access our Websites and mobile applications. All above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties or partners.
What type of information does Elite Cooling Pros collect?
First, when you visit our site, we may collect non-personally identifiable information from you. Through the use of computer “cookies” (small pieces of information that are stored by the browser on your hard drive), we collect data, such as your IP address, browser type, domain name, and specific Elite Cooling Pros web pages through which you click. The cookies that are configured by us do not contain any personally identifying information, such as your name, or sensitive information, such as your credit card number. This data is collected automatically, and utilized in aggregate to help us look for trends so that we can improve our website and your Elite Cooling Pros experience. The cookies also allow us to recognize you when you return to our site and to provide you with a customized experience that we feel will be of value to you. Cookies are also used to trigger cart reminder text messages.
Terms of Service
Short Code SMS Texting
- When you opt in to the service, we will send you an SMS message to confirm your signup. Once confirmed, you may receive promotional messages and special offers, as well as service or appointment reminders and confirmations. Messaging frequency varies.
- You can cancel this service at any time. Just text “STOP” to 74026. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to 74026. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile
Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Carriers are not liable for delayed or undelivered messages.
For all questions about the services provided by this short code, you can send an email to [email protected]
- If you have any questions regarding privacy, please read our privacy policy: https://www.elitecustomservices.com/privacy-policy/
Dispute Resolution Policy
NOTICE: BY VISITING AND/OR USING THIS WEBSITE AND SUBMITTING ANY INFORMATION THROUGH OR VIA THIS WEBSITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION BELOW DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF FEDERAL LAW.
Going forward, “We” refers to (i) you, as the visitor to this website, and (ii) Elite Heating and Air (“Elite”), together. “I” refers to you, as the visitor to this website.
We agree that all disputes, claims, or controversies (hereafter referred to as a “claim”) arising under or relating to my use of (a) this website, (b) my entering of information or data into the forms contained on this website, or (c) any agreement between me and Elite and/or its authorized dealers (“our agreement”), including by way of example and not as a limitation: (i) the relationships resulting from our agreement, calls, texts or emails made to me or sent to me and any the work and transactions arising as a result thereof including any federal or state statutory or regulatory claims; (ii) the breach or alleged breach of our agreement; or (iii) the validity or enforceability of our agreement, or (d) the validity or enforceability of this arbitration of disputes provision (“provision”), shall be subject to arbitration in accordance with this provision.
I agree that I will assert a claim only on behalf of my own self and that I will not assert a claim on behalf of, or as a member of, a class or group in either an arbitration proceeding, a private attorney general action, or in any other forum or action. Notwithstanding any other language in this provision, only a court, not an arbitrator, will decide claims about the validity, enforceability, coverage, or scope of this provision or any part of this provision. However, any claim that concerns the validity or enforceability of this provision as a whole is for the arbitrator, not a court, to decide. If a court determines that this provision is not fully enforceable, the court’s determination shall be subject to appeal. This provision does not apply to any lawsuit or administrative proceeding filed against Elite by a state or federal government agency, even when such agency is seeking relief on behalf of a class of consumers. This means that Elite will not have the right to compel arbitration of any claim brought by such an agency.
Any claim may, at the option of either Elite or me, be adjudicated by final and binding arbitration by one arbitrator in accordance with the code of procedure of the FORUM (“FORUM”) in effect at the time the demand for arbitration is made. Notice of the demand for arbitration shall be filed with FORUM by the party asserting the claim, and the demand shall be copied to the other party to this provision. Further information may be obtained, and claims may be filed, at any office of FORUM, www.adrforum.com, or by mail at 6465 Wayzata Blvd., Suite 480, Minneapolis, MN 55426, Attn: Case Coordinator. If FORUM is unable or unwilling to arbitrate the claim, the parties shall utilize JAMS, 620 Eighth Avenue, 34th floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If JAMS is unable or unwilling to arbitrate the claim, then the court may appoint an arbitrator.
The demand for arbitration shall be made by the party asserting or compelling the arbitration within a reasonable time after the claim in question has arisen, and in no event shall the demand be made after the date when the applicable statute of limitations would bar institution of legal or equitable proceedings based on such claim. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. The arbitration shall be held and arbitrated in the county and state in which I reside.
We hereby agree that this provision involves interstate commerce and is governed by the Federal Arbitration Act (“FAA”). Accordingly, this provision is governed by the FAA, 9 U.S.C. sections 1 et seq. The appointed arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same federal law or the law of the state in which the services were primarily rendered for substantive law and law of remedies and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. Participation by any party in the arbitration may take place by telephone. If the arbitration forum’s rules conflict with this provision, this provision will control.
Any claim may, at the option of the party receiving the demand for arbitration (the party not asserting the claim), be first submitted to a non-binding mediation process governed by the then-applicable rules of mediation established by the arbitration forum. The mediation shall be elected within seven days of receipt of the demand for arbitration and completed within thirty days thereafter. The mediation itself shall not last more than fourhours, and the costs of the mediation, other than legal fees, which are to be borne by each party, shall be paid entirely by the party electing the mediation.
The parties shall share equally in any applicable filing fees and costs of the arbitration, unless I can reasonably establish to Elite that I am financially burdened by paying the initial case or filing fees of the arbitration, in which case, Elite shall be responsible for the initial case or filing fees. The findings of the arbitrator shall be final and binding on all parties to this provision and may include an award or reimbursement of filing fees that have been paid by one party or the other. Other than as required by law or as determined by the arbitrator in accordance with applicable law, each party shall be responsible for its own legal fees.
Any arbitration proceeding brought under this provision—and any award, finding, or verdict of or from such proceeding—shall remain confidential between the parties and shall not be made public. We shall allow and participate in discovery in accordance with the Federal Rules of Civil Procedure for a limited period of ninety (90) days after the filing of the answer or other responsive pleading. Unresolved discovery disputes may be brought to the attention of, and may be disposed of by, the arbitrator. Either Elite or I may bring an action in any court of competent jurisdiction, if necessary, to compel arbitration under this provision, to obtain preliminary relief in support of a claim to be adjudicated by arbitration, or to enforce an arbitration award. A judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. If any term or clause of this provision is found to be unenforceable or in violation of applicable state law, we shall treat this provision as if that term or clause did not exist, and the remainder of this provision shall remain in full force and effect, other than as discussed previously regarding the waiver of class or representative actions being appealable.
No arbitration proceeding brought under this provision shall include by consolidation, joinder, or in any other manner any other person or entity who is not a party to this provision unless (i) the inclusion of such person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and/or such other person or entity is substantially involved in a question of law or fact that is common to those who are already parties to the arbitration and that will arise in such proceeding; and (ii) the written consent of the other person or entity sought to be included and the written consent of each party to this provision has been obtained for such inclusion.
We hereby agree to choose arbitration, rather than litigation or some other means of dispute resolution, to address our grievances or alleged grievances, with the expectation that this resolution process may be more cost-effective and expedient for the parties than litigation. By entering into this provision, both parties are giving up theirconstitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration, except that if there is a small claims court (or an equivalent type of court) located within the county and state in which I reside, then I may, in accordance with the rules of that small claims court, choose to bring (and must then keep) my own claim in that small claims court.