privacy and terms
Privacy and Terms
These Terms & Conditions of Use ("Terms") are a legal agreement between you and Hunter Fan Company ("Hunter") and govern your use of our websites ( www.hunterfan.com and www.hunterindustrialfan.com) and our apps (collectively, the "Site") either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to the Site are subject to your compliance with these Terms and our Privacy Notice, so please read them carefully before using the Site. We reserve the right to limit or terminate your access to the Site or terminate or suspend your registration for failure to comply with these Terms or for any reason at any time.
BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT ACCESS, USE, OR POST INFORMATION ON THE SITE IN ANY MANNER.
Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. We will provide notice by, at a minimum, updating this posting. However, if we make material changes to these Terms, we will post a notice on the Site that these Terms have been or will be changed. Any changes to these Terms and Conditions will be in effect as of the "Last Updated" date referenced in these Terms. Your use of the Site following the posting of any changes constitutes your acceptance of those changes. For this reason, we encourage you to review these Terms whenever you use the Site.
Changes to the Site
In an effort to continually improve the Site and its usefulness to you, we may add additional products or services, or make changes to existing products or services. In the event that we make such changes, these Terms shall apply to the new projects and services, and to any changes to existing products and services. We reserve the right to modify or discontinue all or any part of the Site with or without notice to you, and we will not be liable to you or any third party should we exercise this right.
Interruption of Service
We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
The Site is offered and available to users who are 18 years of age or older.
YOU MAY NOT REGISTER WITH THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENT, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HUNTER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENT, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
IF YOU USE THE SITE, REGISTER FOR MEMBERSHIP WITH THE SITE, OR PLACE AN ORDER FOR OR OBTAIN PRODUCTS OR SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
BY USING THE SITE, REGISTERING FOR MEMBERSHIP WITH THE SITE, OR PLACING AN ORDER FOR OR OBTAINING PRODUCTS OR SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS.
These Terms permit you to use the Site exclusively for legitimate business use as it relates to your business relationship with Hunter and for your personal and other non-commercial use. The Site and all of the pages, text, images, information, software, and other content available on or through the Site ("Content") is protected by contract law and various intellectual property laws, including domestic and international copyright laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on the Site, except that your computer or other device may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content, and you may store files that are automatically cached by your web browser for display enhancement purposes. You further agree that you will not redeliver any of the Content of the Site using linking or framing technology without our written permission. Subject to the restrictions set forth in these Terms, and except for Content specifically and expressly made available for redistribution, you may print or download information from the Site only for legitimate business use as it relates to your business relationship with Hunter and for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.
These Terms do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Hunter. Modification of any Content is explicitly prohibited. You are also prohibited from using any device, software, or other means to interfere or attempt to interfere with the proper working of the Site, or utilizing the Site in any way that would damage its Content or visibility for other visitors. As between Hunter and you, Hunter has and retains, as applicable, exclusive and valid ownership of the Site, its Content, the names and marks thereof, and all intellectual property, proprietary rights, and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Hunter. Hunter, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Hunter. All other product names and company logos mentioned on the Site or in the Content are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Hunter or the respective owner. You agree that you will not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the Content. You further agree that you will not modify or use any Content from the Site for any other purpose other than as specifically permitted above or otherwise approved by Hunter in writing.
Hunter actively and aggressively protects and enforces its intellectual property rights to the fullest extent of the law, including recovery of all available damages, attorney's fees and costs. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Site or the Content contained therein if we determine in our sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
Procedure for Making Claims of Copyright Infringement
We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide our copyright agent with the following information:
• A full description of the copyrighted work or other intellectual property that you claim has been infringed
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• A description of where the material that you claim is infringing is located on the Site
• Your name, address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf
Our copyright agent can be reached at:
Attn: Legal Department
7130 Goodlett Farms Pkwy, Suite 400
Memphis, TN 38016
To use certain parts of the Site, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Hunter or any other user of or visitor to the Site due to the use of your user ID, password, or account by another person.
You may not use anyone else's user ID, password, or account at any time without the express permission and consent of the holder of that user ID, password, or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Site may contain blogs, forums, community areas, group discussions, personal profiles, and other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users or other persons (hereinafter, 'post') content, including your experiences, advice, recommendations, opinions, ratings, reviews, questions, answers, information, messages, or other material (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the User Content Standards set forth in these Terms. We do not guarantee that you will have any recourse through Hunter to edit or delete any User Contributions you have submitted.
Any User Contribution you post to or from the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution in any medium for any purpose, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your User Contributions to you.
You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Hunter, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site, or for the quality, safety, or legality of the User Contributions posted on the Site. We make no representations about any User Contributions on the Site.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Hunter.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS HUNTER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Hunter. Your submission of any such Comments shall constitute an assignment to Hunter of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Hunter will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Content From Third Party Sites
You may post images, text, videos, or other content on third-party websites or apps about our products and/or services (collectively, "Third Party User Content") that we think may benefit others by seeing it on our Site. We will obtain your permission before we publish your Third Party User Content on our Site, but we want to make sure you know exactly how we intend to use it.
You can provide your permission for Hunter to use your Third Party User Content by replying to our Facebook, Instagram, Twitter, or other social media post (requesting your permission to publish in our Site) with #agree. By providing your permission, you represent and warrant that you own the Third Party User Content or have the right to publish, distribute, and grant us the rights to such Third Party User Content that are set forth in these Terms. You grant Hunter a non-exclusive and non-revocable commercial right to reproduce the Third Party User Content in any form (including, but not limited to, video, Internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your Third Party user Content may be used by Hunter either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While we will make commercially reasonable efforts to give you credit for your Third Party user Content and provide a link back to your Facebook, Instagram, Twitter, or other social media account when applicable, you agree that such credit is not mandatory and your permission for us to use your Third Party User Content is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished work incorporating the Third Party User Content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties or any other form of compensation with regards to your Third Party User Content or our finished work.
Correction of Errors and Inaccuracies
We have done our best to display as accurately as possible the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any product color will be accurate. Also, we make reasonable efforts to keep the information on the Site up-to-date, but the information on the Site may contain typographical errors or inaccuracies and, in some cases, may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Except as set forth in the preceding paragraph, (a) we do not warrant the accuracy, completeness or usefulness of the information on the Site, (b) any reliance you place on such information is strictly at your own risk, and (c) we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Third Party Content
The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by Hunter, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Hunter. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may use the Site only for lawful purposes and in accordance with these Terms. Specifically, you agree:
• not to use the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
• that you will not use the Site to transmit or send unsolicited commercial communications;
• not to access (or attempt to access) the Site by any means other than through the interface that is provided by us;
• that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Site (or the servers, networks, and databases which are connected to the Site);
• not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);
• not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
• not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site);
• not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• that you will not edit or otherwise modify any content on the Site that is not owned by you or another person or entity for whom you act as their agent;
• that you will not engage in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);
• that you will not impersonate or attempt to impersonate Hunter, an employee of Hunter, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); and
• that you are solely responsible for (and that Hunter has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which you may suffer) of any such breach.
We may terminate or suspend your access to or use of all or part of the Site, without notice, for any conduct that we believe is disruptive to the Site or is in violation of any applicable law or these Terms.
ORDERS FOR PRODUCTS AND SERVICES
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms and Conditions, all products and/or services listed in your shopping card. All orders must be accepted by us or we will not be obligated to sell the products and/or services to you. After having received your order, we will send you an electronic or other form of order confirmation with your order number and details of the products and/or services you have ordered. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason.
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We may also may require additional verification or information before accepting any order.
To cancel an order, contact our Customer Service Department at 1-888-830-1326.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Prices; Shipping and Handling Charges
All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set forth in your order confirmation. Not all posted prices include charges for shipping and handling or taxes. All shipping and handling charges and taxes, if applicable, will be added to your order total and will be itemized in your shopping cart and in your order confirmation.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the acceptable payment methods listed on our Payment Service Provider's website for all purchases. You represent and warrant that (i) the payment card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Payment to us for products and/or services ordered through the Site is made using a third party payment service provider ("Payment Service Provider"). You may only use the acceptable payment methods listed on the Payment Service Provider's website. When you submit an order, you are authorizing the Payment Service Provider to process your payment and complete the transaction. You are responsible for confirming the accuracy of the information provided with such payment.
We charge your credit card for the full amount due at the time the order is placed. We generally ship your order the same or next day after your credit card is charged.
Sales and Other Taxes
We are obligated to withhold sales tax for delivery within certain states and all such taxes will be automatically charged and withheld. Products sold to tax-exempt organizations may qualify for abatement of sales tax. If your organization is seeking an exemption from payment of sales tax, you must fulfill all statutory requirements and provide a valid tax exemption certificate prior to our acceptance of your order.
All products purchased through the Site are subject to our Returns and Exchanges policy (located at www.hunterfan.com/Support/Online-Ordering/Returns-and-exchanges) ("Return Policy"), which is incorporated herein by reference and made part of these Terms. You agree to comply with and be bound by the Return Policy in connection with the return of any products purchased through the Site.
All refunds for products purchased through the Site will be made in accordance with our Return Policy.
THIRD PARTY SITES AND CONTENT
The Site may contain links to other websites or apps that our business partners and other third parties own or operate. Your use of each of those websites and apps is subject to the terms and conditions, if any, that each of those websites and apps have posted. We have no control over third party websites and apps, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link, or the companies that own or operate the material or linked websites and apps.
SMS/MMS TEXT ALERTS
If you opt-in to receiving communications from us via Short Message Service or text ("Text Alerts") when this option is made available to you when you use the Site, register with the Site, or place an order for or obtain products or services from the Site, you expressly consent and agree to receive Text Alerts to your mobile device and to the designated mobile phone number that you provide to us. By providing a mobile phone number to us, you certify that you are authorized (a) to designate the mobile phone number to receive Text Alerts from us, and (b) to incur any mobile message or data charges that may be incurred by receiving Text Alerts from us. The information contained in any Text Alert is subject to the terms and conditions in these Terms and may be subject to certain time lags and/or delays.
The number and frequency of Text Alerts sent to your mobile device depends on a number of factors, but we will send Text Alerts to:
• Remind users about certain actions they may need to take;
• Encourage users to provide User Contributions;
• Notify users when we will be participating in events that may be of interest to them;
• Notify users about new products, services, User Contributions, or other Content on the Site; and
• Other promotional activities.
If you wish to stop receiving Text Alerts from us, please follow the instructions contained in the Text Alert or visit our support page at support.hunterfan.com.
Message, voice and data rates may apply. By participating in the Text Alerts service, you approve any such charges from your mobile carrier. Check your carrier's plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s). We are not responsible for incomplete, lost, late, or misdirected messages, including, without limitation, undelivered messages as a result of filtering by your mobile carrier, service provider, or otherwise.
You acknowledge and agree that Text Alerts may be provided by a third-party service provider and through automatic telephone dialing technology, an artificial voice, or a pre-recorded voice. By providing us with a mobile phone number, you expressly consent to receive Text Alerts from such third-party service providers and through automatic dialing technology, artificial voice, and pre-recorded voice. We reserve the right, in our sole discretion, to cancel or suspend any or all of the Text Alerts, in whole or in part, for any reason, with or without notice to you.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the Site, provided you do so in a way that complies with these Terms and is fair, legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites and apps to certain Content on the Site.
• Send e-mails or other communications with certain Content, or links to certain Content, on the Site.
• Cause limited portions of Content on the Site to be displayed or appear to be displayed on your own or certain third-party websites and apps.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website or app that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or app.
• Otherwise take any action with respect to the Content on the Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or services through the Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or our Privacy Notice, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms or the Privacy Notice could be subject to criminal or civil penalties.
All information we collect on the Site is subject to our Privacy Notice. By using the Site, you consent to all actions we take with respect to your information consistent with our Privacy Notice.
Hunter is based in the State of Tennessee in the United States of America. We make no representations that the information on the Site is appropriate or available for use in all locations. Use of or access to the Site may not be legal by certain persons or in certain countries. By using or accessing the Site, you do so at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction and any jurisdiction from which you access or use the Site.
By using or accessing the Site, you consent to the transmission of your personal information, including your user id, password, and any other personal or non-personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.
THE SITE IS OPERATED BY HUNTER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HUNTER, ITS DIVISIONS, PARENTS, SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES, AND ANY PERSON ASSOCIATED WITH ANY OF THEM (COLLECTIVELY, "HUNTER"), DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HUNTER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED FOR ANY PARTICULAR ITEM. WITHOUT LIMITING THE FOREGOING, HUNTER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, AVAILABLE, COMPLETE, CURRENT, ERROR-FREE, RELIABLE, SECURE, OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, HUNTER DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT AND FEATURE DESCRIPTION. HUNTER DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEB SITE OR APP YOU MAY ACCESS THROUGH THE SITE. ANY LINKS TO OTHER WEBSITES OR APPS ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE OR APP. HUNTER MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HUNTER OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, LICENSORS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES OR APPS LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR APPS, OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES OR APPS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, AND EMOTIONAL DISTRESS), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY HUNTER BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HUNTER UNDER SUCH CIRCUMSTANCES FOR SUCH LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold harmless Hunter and its successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, without limitation, any use of the Site's Content or services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
These Terms and all matters arising from it are governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with these Terms and the place of performance of these Terms is agreed by you to be the State of Tennessee. Nothing in these Terms limits either party's ability to seek equitable relief. Hunter shall be entitled to reasonable attorneys' fees and costs in connection with enforcing any provision of these Terms.
No waiver by Hunter of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition, and any failure by Hunter to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To give us notice under these Terms, you must contact us as follows: (i) by sending a message to email@example.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Hunter, Attention: Legal Department, at 7130 Goodlett Farms Parkway, Suite 400, Memphis, TN 38016. We may update the e-mail address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
These Terms, together with any documents expressly referred to in them, constitute the entire agreement between you and Hunter with respect to the Site, and supersedes all previous written or oral agreements.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Limitations or Exclusions Not Applicable
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of any third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to us via our support page at support.hunterfan.com.
© 2008-2019 Hunter. All right reserved.
Last Updated December 17, 2019
Your privacy is important to us and we are committed to protecting it through our compliance with this Privacy Notice. Hunter Fan Company ("Hunter") has prepared this Privacy Notice so that you may better understand how we use and protect the information collected on our websites ( www.hunterfan.com and www.hunterindustrialfan.com) and our apps (collectively, the "Site") and in email, text and other electronic messages between the Site and Site users. This Privacy Notice does not apply to information we collect offline or through any other means, including any third party.
Please take the time to review this Privacy Notice and contact us at firstname.lastname@example.org if you have any questions or concerns.
If you would like to report any security issues with the Site or any Hunter products, please send them to email@example.com.
If you are a California resident and wish to understand your privacy rights under the California Consumer Privacy Act, please click here.
IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOU MUST NOT USE OR ACCESS THE SITE. BY USING AND SUBMITTING YOUR INFORMATION THROUGH THE SITE, YOU AGREE TO THIS PRIVACY NOTICE AND OUR COLLECTION AND SHARING OF YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, ACCORDING TO THE TERMS OF THIS PRIVACY NOTICE AND OUR TERMS AND CONDITIONS OF USE, WHICH CAN BE FOUND AT WWW.HUNTERFAN.COM/PRIVACY-AND-TERMS AND IS INCORPORATED HEREIN BY REFERENCE.
COLLECTION OF INFORMATION
Submission of Personal Information
We collect information you voluntarily share through the Site. This typically occurs when you register with the Site, register products, download software, access product information, participate in surveys, or login to areas of the Site that require authorization. We may collect personal information, such as your name, postal address, email address, phone number, or any other identifier by which you may be contacted online or offline ("Personal Information"), only when you have voluntarily provided such Personal Information to us.
Collection of Non-Personal Information
We may also collect information concerning you that is not Personal Information, such as the kind of product or service you are ordering from the Site, details of transactions you carry out through the Site and of the fulfillment of your orders, your search queries on the Site, and records and copies of your correspondence, if you contact us.
Children's Personal Information
This Site is not intended for children under 18 years of age. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on this Site or otherwise provide any information about yourself to us. If we learn we have collected or received such information, we will take reasonable steps to delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
We may use Google Analytics or other similar technologies (the "Analytics Technologies") to automatically collect and process certain information about you and your use of the Site. Our web servers and/or the Analytics Technologies may collect and store the following general information about you: the originating name of the domain from which you access the Internet; IP addresses (the Internet address of a device) to track your session while you remain anonymous; the date and time you access the Site; the pages of the Site you visit; the IP address of the website from which you linked directly to us; and the type of device, device ID, and web browser you use to access the Site. This information is statistical data and does not include Personal Information.
We may also use "cookies." Cookies are small files stored on your device or your computer's hard drive that are used to store and track information, including Personal Information. Cookies are used to remind us of who you are in order to deliver you better service.
Social Media Features
You can log in to the Site by signing in with your social network login credential services such as Facebook, Pinterest, or Twitter. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form. Services like Facebook, Pinterest, and Twitter give you the option to post information about your activities on this Site to your profile page to share with others within your network.
Purchase of Products and Services
Our shopping cart and checkout pages may have the look and feel of being on our Site, but the payment information, including credit card information, that you submit on these pages is collected by our payment processor and not collected by us. Our payment processor is authorized to collect and use the submitted information only for the purposes of providing this service.
Our apps may collect Personal Information from you along with product usage information collected from our products that you own and use with the app (collectively, "App Information"). Your Personal Information is retained with the App Information for as long as you utilize the Wi-Fi features of our products that you own. After this period, the App Information is aggregated with information collected from other app users and no longer contains your Personal Information.
HOW WE USE YOUR INFORMATION
We use or share information that we collect about you or that you provide to us, including any Personal Information:
• To present the Site and its contents to you.
• To provide you with information, products, or services that you request or order from us.
• To send you communications from us via email to your email address, and via Short Message Service or text ("Text Alerts") to your mobile device and to the designated mobile phone number that you provide to us.
• To record your session on the Site and analyze Site usage.
• 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 the Site or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
Use by Analytics Technologies
The information collected by the Analytics Technologies is statistical data that is used to help us improve the Site and make it more useful to you. We do this by analyzing trends in Site usage, such as which parts of the Site users are visiting and how long they spend there. Although this information does not include Personal Information, we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.
You may learn more about how Google uses the information it collects by visiting the following site "How Google uses data when you use our partners' sites or apps". Google's ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Privacy Notice.
Heat Mapping and Session Recording
Heat Mapping services are used to display the areas of a page where users of the Site most frequently move the mouse or click. This shows where the points of interest are on the Site. These services make it possible to monitor and analyze web traffic and keep track of user behavior. Some of these services may record sessions and make them available for later visual playback.
Do Not Track Policy
We may also use the Analytics Technologies and other automatic data collection technologies to collect information about your online activities over time and across third-party websites or other online services ("Behavioral Tracking"). "Do Not Track" is a proposed standard that is currently under development. Because it is not yet finalized, we adhere to the standards set out in this Privacy Notice and we do not currently respond to "Do Not Track" signals on the Site or on third-party websites or online services where we may collect information.
Third Parties and Third Party Websites
This Privacy Notice is applicable only to the Site and does not apply to any third party websites or to third parties who collect information from the links, media and/or content they provide on the Site. The Site may contain links to, and media and other content from, other sites, including advertisers, ad networks and servers, content providers, and application providers. In addition, such third-party media and content may also contain external links. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are embedded in the Site and which are embedded in third-party media and/or content.
We cannot and do not guarantee the privacy policies and practices of any third party. We do not control, operate, or endorse any information, products, or services of any third-party websites that may be reached through links from the Site. Likewise, we do not control these third parties' tracking technologies or how they may be used.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials, and other information that is pertinent to the use of the Site or our products and services. These communications may include Text Alerts. By using the Site, you are consenting to this.
We do not rent or sell your information, including your Personal Information, to unaffiliated third parties for advertising and marketing purposes. We may share your information with our affiliates, subsidiaries, or divisions and with their respective officers, directors, employees, accountants, attorneys, and agents, or with our business partners. In certain circumstances, we may share data with trusted third-party vendors to help us develop the Site, provide you with products or services that you ordered from the Site, perform statistical analysis, send you email, postal mail or Text Alerts, provide customer support, or enforce or apply our Terms and Conditions of Use and other agreements, including for billing and collection purposes. In the course of performing their services for us, these third-party vendors may have access to your Personal Information.
We may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it. There may be instances when we may access or disclose your information in order to protect or defend the legal rights or property of Hunter and its affiliated companies or their employees and agents, to protect the safety and security of users, and to protect against fraud.
We may sell, transfer or otherwise share some or all of our assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy, without your permission. In such an event, Personal Information may be one of the assets transferred.
CONTROL AND REVIEW OF YOUR INFORMATION
We strive to provide you with choices regarding the Personal Information you provide to us and the other information we collect through the Site. The following mechanisms are available to provide you with control over your information:
• Disclosure of Your Information for Third-Party Advertising. Hunter does not share your Personal Information with unaffiliated third parties for promotional purposes.
• Google Analytics Opt-out Option. If you do not want your information collected with Google Analytics, you can install the Google Analytics opt-out browser add-on. To opt-out of Google Analytics, visit the Google Analytics opt-out page and install the add-on for your browser. For more details, visit the "Google Analytics opt-out browser add-on" page.
• Accessing and Updating Your Information. If you have any questions about Personal Information that may be retained by us, you may contact us by visiting our support page at support.hunterfan.com. Upon your request, we will make reasonable efforts to provide you with the Personal Information under our control, if any, as well as information about the ways in which that information is being used and disclosed. We will use reasonable efforts to ensure that Personal Information we may be using or disclosing is accurate and complete. If you demonstrate that your information is inaccurate or incomplete, the information will be amended as appropriate. We will use reasonable efforts to respond to any request and update your Personal Information, if necessary. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
• Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at email@example.com. Please note, however, that Hunter does not disclose Personal Information to third parties for their direct marketing purposes.
PROTECTION OF INFORMATION
We have implemented measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted using TLS technology. Your Personal Information is password protected and restricted within our organization to employees and trusted third-party vendors that need access to your Personal Information in order to correspond with you and provide the products or services that you ordered or requested from the Site.
The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. Do not share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through the Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
CHANGES TO THIS PRIVACY NOTICE
We may modify this Privacy Notice from time to time in our sole discretion. At a minimum, we will provide notice by updating this posting. You are expected to carefully review this Privacy Notice from time to time so you are aware of any changes. However, if we make material changes to this Privacy Notice, we will post a notice on the Site that the terms of this Privacy Notice have been or will be changed. Any changes to this Privacy Notice will be in effect as of the "Last Updated" date referenced in this Privacy Notice. By using this Site, you agree to be bound by any such changes and to our collection and sharing of your Personal Information according to the terms of the then-current Privacy Notice.
This Privacy Notice and any disputes related thereto shall be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Privacy Notice and the place of performance of this Privacy Notice is agreed by you to be the State of Tennessee.
Last Updated December 13, 2019
Hunter Fan Company (Hunter) administers all personnel actions, such as recruitment, hiring, training, promotion, transfer, compensation and benefits, discipline, and termination of employment without regard to race, color, sex, religion, national origin, age, disability, genetic information, or other protected status under federal, state, or local law. In addition, it is Hunter's policy to provide an environment that is free of unlawful harassment and/or discrimination with regard to the above protected groups.
Hunter Fan Privacy Notice for California Residents
Effective Date: January 1, 2020
Last Reviewed on: January 1, 2020
This Privacy Notice for California Residents supplements the information contained in Hunter Fan Company's (hereinafter “Hunter”) privacy notice available at https://www.hunterfan.com/privacy-and-terms and applies solely to visitors, users, and others who reside in the State of California ('consumers' or 'you'). We adopt this supplemental notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
This notice does not apply to employee-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. Additionally, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information) from some of its regulations.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (' personal information'). Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
In particular, Hunter has collected the following categories of personal information from its consumers within the last twelve (12) months:
Examples, from CCPA
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other identifiers.
(but not Social Security number, driver’s license number, or passport number)
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, 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.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Hunter obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website.
- From company’s acting on behalf to provides services to our customers. For example, through a call center.
- From individuals who may refer you to us.
- From the companies selling Hunter fans to consumers. For example, Home Depot or Lowe’s.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to use our smartphone app, we will use that information to carry out instructions to our web-enabled products. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, smartphone/tablet apps, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support (including warranty support) and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website or smartphone/tablet experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, smartphone/tablet apps, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, smartphone/tablet apps, products, and services.
- For contests or sweepstakes you may enter.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To comply with tax regimes (e.g., sales tax) and other regulatory requirements, including preparing financial statements and for auditing purposes.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To ship products you purchased from Hunter to you or an address you provided.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hunters' assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Hunter about our Website users is among the assets transferred.
Hunter 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 notice.
Sharing Personal Information
Hunter may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
- Service providers.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category D: Commercial information.
Category F: Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers.
Sales of Personal Information
In the preceding twelve (12) months, Hunter has not sold personal information, including the information of minors under 16 years of age. As a result, we are not required to post any additional information about CCPA opt-out/”do not sell” rights. Hunter will not sell your personal information while this privacy notice supplement is in effect.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your applicable CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Hunter disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
You have the right to request that Hunter delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights” below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception under the CCPA applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- 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 information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights
To start the process of exercising the access, data portability, and deletion rights described above, please submit a request to us by either:
- Calling us toll free at 1-833-508-0514.
- Email to firstname.lastname@example.org
Once you contact us, someone from Hunter will respond back to begin the process of creating a verifiable request. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, we require that:
- You provide the authorized agent with written authorization to act on your behalf and they provide us with a copy of the same. You must separately provide us with a copy of the same document.
- Your authorized agent, as required by the CCPA, has (and is) registered with the California Secretary of State and provides us with written proof of the same.
- You complete and provide us with a signed declaration form confirming your identity (under penalty of perjury).
- You provide us with necessary pieces of information that will allow us to confirm your identity by comparing that information with information we already hold about you.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer 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.
- You complete and provide us with a signed declaration form confirming your identity (under penalty of perjury).
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
You may make a verifiable consumer request for deletion period. The verifiable consumer 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.
- Provide a second written confirmation from you (in response to a question from Hunter) that you want Hunter to delete all of your personal data.
- You complete and provide us with a signed declaration form confirming your identity (under penalty of perjury).
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
- If you make excessive requests for deletion Hunter reserves the right to charge reasonable fees associated with the cost of the deletion.
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 the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We will acknowledge receipt of your request within 10 days and we will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time 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.
Disclosures we provide will cover the 12-month period preceding the verifiable consumer request's receipt, but Hunter reserves the right to provide additional disclosure, at its option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will attempt to use 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 consumer 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:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Changes to Our Privacy Notice
Hunter reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you wish to exercise your rights as a California resident under California law, please contact us at:
Postal Address: Hunter Fan Company
Attn: Legal Department
7130 Goodlett Farms Pkwy
Memphis, TN 38016