Last Revised: January 12, 2020
Your privacy is important to us. And we want you to know how we collect, use, transfer, and store personal information that identifies or could reasonably identify an individual.
We may revise this Policy at any time. And when we do, we will notify you that revisions have been made by, for example, updating the revision date provided above or, if circumstances warrant, by contacting you directly via email or traditional mail. Please review this Policy each time you access or use our Services, so you can stay informed about our current privacy practices. By accessing and using our Services, you are signifying your agreement with and to this Policy. If you do not agree to or are otherwise uncomfortable with this Policy, you should not use, or immediately discontinue your use of, our Services.
Rights Under the California Consumer Privacy Act (CCPA): If you are a California resident, you may have additional rights related to our use of your personal information, including additional rights and choices regarding
- accessing your personal information,
- our disclosure of your personal information,
- deletion of your personal information,
- opting out of the sale of your personal information (although we do not sell your information), and
- a right to applicable non-discrimination based on your exercise of your rights under California law.
For California residents, specific disclosures required by California law are in Section 3 below.
Rights Under Nevada Law: If you are a Nevada resident, you may have additional rights regarding the sale of your personal information, as defined by Nevada law. In the past 12 months, we have not exchanged personal information for money with anyone so that person can sell or license that subject personal information to additional persons, and we will not do so without appropriately notifying you under applicable Nevada law. To exercise your rights, if applicable to you, under Nevada law please submit your request through this webform here or contact us at Privacy@DaikinComfort.com.
1. Information We Collect and How We Collect It.
We collect personal information in a variety of ways during our interactions with you. For example, we may collect personal information when you create an account or use our Services alone or in conjunction with products and services provided by us, our corporate affiliates, or our subcontractors. You, of course, are not required to provide certain personal information when we request it, but then we might not be able to provide you with the Services or respond to your questions and comments.
The type of personal information we collect depends on the particulars of your interaction with us, your choices, and applicable law. But the following are examples of personal information we may collect and when we may collect it.
Source 1—Information You Voluntarily Provide: We may collect information that you voluntarily provide to us or our corporate affiliates, such as your name, your email address, your physical address, your phone number, your demographic information, your birthdate, your employment history, your transactions with us, any feedback you provide, your credit card information, your preferences, your warranty claims, your customer-service requests, your technical-service requests, or any other information that you may provide to us. You may voluntarily provide this information to us electronically when you use our applications, websites, products, or other Services. Or you may also provide this information to us manually, such as when you provide us with a physical document, contact us by phone, submit a warranty-registration card, or provide your information at a product showroom or kiosk.
Source 2—Usage/Account Information: If use of a Service requires you to create an account with us, we may collect information about your account credentials (e.g., password, user-ID, authentication information), your use of the Services or products associated with the Services, or any other information associated with your account. And we may collect information obtained about you from a third-party service (e.g., Facebook, Google) when you use these services to create or log in to the account, pursuant to that third party’s authorizations and practices.
Source 3—Automatically Collected Information: We may also collect information automatically. For example, when you use our Services, we may collect information about how and when you used our Services, the actions you performed or requested through the use of our Services, the type of device used to access our Services, your location (which may be provided by the device you are accessing our Services from), and your IP address. We may also use “cookies” and other automated tracking systems (also see Section 10 below) to collect information about you. For example, we may also collect information regarding the use of other website, apps, and online services.
Source 4—Information About You From Equipment: In certain instances, you may be using our Services with equipment provided by us or with equipment or services provided by our corporate affiliates, our subcontractors, or others with whom we may be working (collectively “Equipment”). We may collect information both internal and external to the Equipment, and we may collect information in an automated manner, manually, or both.
For example, we may collect information about
- the Equipment’s setup, network connections, location, performance, resource consumption, and operation,
- adjustments made to the Equipment,
- the Equipment’s usage information,
- any faults or errors detected by the Equipment, and
- technical information related to the Equipment.
In addition, we may collect information about the environment surrounding the Equipment using sensors in or connected to the Equipment. For example, we may collect information about
- the occupancy, activity, temperature, air quality, humidity, illuminance, decibel levels, or other parameters of the environment the Equipment is used in or with, and
- you and your activity within the environment.
Collecting information about you, your environment, and your interactions with the environment helps the Equipment and Services automatically adjust, for example, the temperature settings of your home or office to a setting that may be more comfortable to you. And we may make these adjustments by making inferences about your activity based on information from the Equipment and/or from other information we may have.
Source 5—Third Party Sources: We may also obtain information from other sources, including from private agencies (e.g., credit-rating services) or public sources. For example, we may collect information about you from public databases and property records, and we may collect information from third parties that install, repair, or maintain the Equipment we manufactured or supplied. One common example is when we receive your information from the dealer or distributor that installed the equipment at your property, who may be giving us that information to, for example, register the warranty associated with that installed equipment.
As permitted by applicable law, we may de-identify and aggregate information we collect from you.
We are also always looking for ways we can provide better Services to you. As a result, we may develop new ways to collect or use (see also Section 2) your information. If the way we collect and/or use your information is materially different from how it is described in this Policy, we will notify you directly by updating this Policy or by providing specific notification with a particular Service about how that Service materially alters the way your information is collected and/or used.
2. How We Use the Collected Information.
We use your personal information to provide you meaningful interactions with us, to fulfill our contractual and legal obligations, to advertise to you about our products and services or those offered by third parties, and to advance our legitimate business interests. We describe below how we use or share (also see Section 3) the information we collect and provide some examples of what we do.
Purpose 1—To Communicate With You: We may use your personal information to send you updates, technical information, warranty information, recall information, marketing information, reviews or feedback information, or customer-service information related to the Services or Equipment you used or purchased.
Purpose 2—To Provide Requested Information, Equipment, or Services: We may use your personal information to administer any account you may have with us, to provide interactivity and automated actions by or through the Services and Equipment, to update, repair or otherwise maintain the Services and Equipment, to transact commerce or billing, or to personalize the Services and Equipment for you.
Purpose 3—To Comply With Our Contractual, Legal, and Regulatory Obligations: We may use your personal information to respond to legitimate requests from law enforcement, regulatory bodies, or other competent authorities, to protect the safety, rights, and property of us and others, to address legal claims and disputes, or to prevent or investigate crime, fraud, cyber risks, and risks in general.
Purpose 4—To Establish a Potential Commercial or Employment Relationship With You: We may use your personal information to evaluate a potential business relationship with you, including the potential extension of credit to you. And if you apply for employment or currently are or previously were an employee, we may use your personal information to make employment and personnel decisions or use the information to improve and manage our internal processes and procedures.
Purpose 5—To Conduct Research and Development: We may use your personal information to improve our Services and Equipment or the services and equipment of third parties. We may use your personal information to develop new offerings, develop and conduct training, and maintain and improve the security of our Services and Equipment. And we may do this internally, with our corporate affiliates, or with third parties.
Purpose 6—To Analyze the Usage, Performance, Specifications, and Operation of the Services and Equipment: We may use your personal information to analyze the Equipment and Services you use and the way you may be using them—often to provide customer support or help you resolve technical issues. Some of our Equipment may be making inferences about your activity and the occupancy within your environment by, for example, monitoring changes in ambient temperature or motion adjacent the Equipment. We may also use your personal information to analyze our performance, monitor trends, provide automated adjustment of the Equipment, investigate suspected violations or malicious or illegal activity, and for internal business purposes and development.
Purpose 7—To Advertise and Market to You: We may use your personal information to send you promotional offers, targeting advertising, and general marketing communications (“Ads”), about our Services or Equipment or the services, equipment, or other offerings of third parties. For example, we may send you Ads on behalf of third-party dealers and distributors of our Equipment or Services or on behalf of third parties that provide equipment and services that interact with or support ours; but when we provide such Ads we do not provide your personal information to those third-party dealers or distributors. Or we may send you Ads regarding products or services—whether ours or those of third parties—that we believe may be of interest to you. And we may use your personal information to understand how you interact with these Ads.
Purpose 8—To Further any Purpose Described to You When the Information Was Collected.
3. California Privacy Notice
Under the California Consumer Privacy Act of 2018 (“CCPA”), certain consumers that are residents of California have rights—which are subject to certain exceptions and limitations—regarding their personal information. This California Privacy Notice (“CCPA Notice” or “this Notice”) is provided here in Section 3 to comply with the CCPA, and all terms defined in the CCPA shall have the same meaning when used in this Notice.
a/ Information We Have Collected in the Past 12 Months
The following chart—which is to be interpreted consistent with and in light of Sections 1 and 2 above describing examples of our sources of personal information and the purposes for which we use such information—summarizes the categories of personal information of applicable California consumers we have collected, used, and disclosed in the last 12 months
A. Identifiers, such as your name, your mailing address.
B. Personal information categories listed in the California Customer Records Statute (Cal. Civ. Code Section 1798.80(e)), such as your signature or government id number.
C. Protected classifications under California or Federal Law, such as sex or military or marital status.
D. Commercial information, such as property records, purchase history, and use of equipment manufactured by us.
E. Biometric information, such as health data or identifying physical characteristics.
No. (However, we may make may inferences about your activity levels based on data from the Services. See Category J.)
F. Usage data, such as Internet or network usage information.
G. Geolocation data, such as your location from an IP address or mobile device.
H. Sensed data, such as thermal information.
I. Professional or employment-related information, such as work history.
J. Non-public education information, such as your transcripts.
K. Inferences from the foregoing categories, such as your activities levels based on how you use our equipment or inferences about a desire to purchase or service equipment.
We have disclosed your personal information for a business purpose to the following categories of parties.
- Our corporate affiliates.
- Service providers.
- Dealers and distributors of our equipment.
- In response to a request pursuant to a governmental, administrative, or judicial proceeding.
· Third parties to whom you or your agent authorized—either directly or by virtue of requesting services that one would reasonably understand necessitated our disclosure—us to disclose information in connection with the products and services we provide.
b/ What is Not Personal Information
For the purposes of this Notice, the term “personal information” is to be interpreted consistent with the CCPA and, thus, does not, among other things, include: 1) publicly available information that is lawfully made available from federal, state, or local government records; 2) consumer information that is deidentified; and 3) aggregate consumer data.
c/ CCPA Rights
Right to Know: Under the CCPA, California consumers—upon receipt and confirmation by us of a verifiable request and in relation to information collected in the 12 months preceding the request—have certain rights to request
- the categories of personal information we have collected about you,
- the categories of sources from which the personal information was collected,
- the business or commercial purpose for collection or selling the personal information,
- the categories of third parties with whom we share the personal information, and
- the specific pieces of information we have collected about you; and
- if we sold or disclosed for a business purpose the personal information, two separate lists providing 1) a list of categories of personal information we have sold about consumer in the preceding 12 months and 2) a list of categories of personal information we have disclosed about consumers for a business purpose in the preceding 12 months.
Right to Delete: Under the CCPA, applicable California consumers—upon receipt and confirmation by us of a verifiable request—have certain rights to request the deletion of their personal information that we and our service providers have collected.
However, your right to delete is subject to some important exceptions. We may deny your request to delete personal information
- 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 (e.g., warranty support), or otherwise perform a contract with you;
- to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- to debug products and services or to identify and repair errors that impair the existing intended functionality of products and services, including contacting you regarding recall information;
- to exercise free speech, to ensure the right of another consumer to exercise their free speech rights, or to exercise another right provided by law;
- to comply with the California Electronic Communications Privacy Act (CalECPA, SB 178);
- to 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;
- to enable our internal uses that are reasonably aligned with the expectation of a consumer based on that consumer’s relationship with us;
- to comply with a legal obligation; or
- to use your personal information internally and in a lawful manner that is compatible with the context in which you provided that information.
Exercising your Rights to Know and Delete: To exercise the above-described rights to know and delete, you may
- fill out and submit the webform at the link here or as also available at www.daikin-northamerica.com/ConsumerRequestForInfo, or
- call us at 1-(844)-353-4895 and leave us a voice message providing the us the information we request for us to process your request.
- However, please understand that we can only process your request if we can verify its authenticity. A verifiable request must
- provide sufficient information that allows us to reasonably verify that you are the person about whom we have collected the information, and
- provide sufficient detail in your request to enable us to properly understand, evaluate, and respond to it.
Please understand that under the CCPA, the materials and level of proof we require to verify your request may depend upon the information you request be provided or deleted.
You may also use an authorized agent to submit a request. However, we may deny that request if the authorized agent fails to submit proof that the agent has been authorized to act on your behalf or if we cannot verify the agent’s identity. We will typically respond to your agent’s request if that agent submits proof of being registered with the California Secretary of State to be able to act on your behalf or submits proof that you have provided that agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465.
Non-discrimination: We do not discriminate when you exercise any of your consumer rights under the CCPA.
d/ Shine the Light Provisions
If you are resident of California, you may have certain rights under California’s “Shine-the-Light” Law (California Civil Code § 1798.83). While we have not done so at the date of this Notice, we may elect to share the personal information of California residents with third parties for those third parties’ direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your information with third parties for their direct marketing purposes by contacting us at Privacy@DaikinComfort.com. To assist us, please place “Shine the Light Opt-Out” in the memo line of your email.
We may share your personal information with the following persons or entities, for the following purposes or for purposes as otherwise described in this Policy.
With service providers. We may share information with third party service providers—such as agents, contractors, dealers, distributors, or other companies—to provide Services or Equipment on our behalf, to assist us with the provision or development of such, or to help us with our internal processes. For example, we may engage third-party service providers to provide marketing, advertising, communications, infrastructure, IT, or processing services. Or we, or other members of the Daikin Group, may work with third-party HVAC technicians, service providers, or dealers to provide the Services or Equipment to you on our behalf. Further still, we may work with third parties to develop and improve our Services or Equipment.
With third parties. We may share information with third parties—dealers, distributors, other companies, or contractors—that provide our Services or Equipment to you. As one example, we may share your personal information with dealers and distributors of our equipment to help us maintain or improve the Equipment we provided to you, to help us manage our relationship with you, or as otherwise necessary for the operation of our business. We may also provide your personal information to dealer and distributors of our equipment to help them fulfill or support their obligations to you, such as providing warranty service or repair or distributing recall information.
For legal proceedings. We may share information as required for legal proceedings and processes, including i) responding to requests for information from public, regulatory, judicial, governmental, or law-enforcement agencies, ii) complying with our legal obligations or when we, in good faith, believe the law requires it, iii) investigating or enforcing potential violations by you of our terms and policies, or iv) protecting the rights, property, or safety of us or others.
For corporate reorganization, M&A. We may share information in relation to any potential or realized reorganization, merger, sale, liquidation, bankruptcy, or transfer of a portion or all of our assets or businesses.
With your consent. We may share information collected from you for any purpose that you consented to, that you directed us to do, or that is reasonable required to accomplish a task or Service you directed us to do.
We do not sell your personal information to third parties unless we have your consent.
However, we may, without your consent, provide third parties information that has been de-identified, aggregated, anonymized, or otherwise processed so that it does not reasonably identify you to, for example, perform research, advertising, marketing, internal business, strategic planning, vendor management, and development on our or the third party’s behalf.
We may retain your personal information as long as necessary to accomplish the purposes and uses outlined in this Policy, but no longer than is permitted by applicable law. When and where required by applicable law, we will delete your information. But even when we delete your information from active databases, such information may be retained in dormancy on automatic back-ups.
Your personal information may be stored locally on the Equipment, locally on devices connected to the Equipment or Services, or remotely on servers located in the United States or other jurisdictions. (Also see Sections 6 & 7 below.)
We use reasonable administrative, physical, and technological security measures to safeguard your personal information against theft or other unauthorized access, use, or modification. And we require relevant third parties to, through contracts, do the same. The security measures we use are designed to provide a level of security appropriate to that personal information.
Unfortunately, no security measure or combination of security measures is perfect. As such, we cannot guarantee the security of your personal information that we have collected.
The Services are intended for users in the United States and Canada. We are based in the US, and that is where we primarily process and store personal information. However, there may be instances where personal information is transferred internationally. For example, you may be using our Services from outside the United States. If that is the case, you, by using the Services, consent to the international transfer of your personal information, to the extent provided by applicable law.
Moreover, we may transfer your personal information to third parties—such as service providers that provide processing services for the information or researchers that are helping develop and improve our Services and Equipment—that may be located or have facilities located around the globe, including in countries that may not provide equivalent levels of protection as provided in your home jurisdiction. When and where necessary under applicable law, we use a variety of legal mechanisms to help ensure your personal information is appropriately protected when we transfer it to or within other countries. For example, we may use “model contract clauses” that are approved by the European Commission for personal information from the EEA.
8. EEA Individuals
Our Services are intended for users located in the United States and Canada. But, to the extent you are in the EEA, you may have certain rights under the law regarding the collection and processing of the personal information you have provided to us. In such cases, we will process your personal information only in the following instances:
To fulfill our obligations to you. We may use your personal information to fulfill our contractual obligations to you. For example, we may need to use your personal information because it is reasonably needed to provide the Services or Equipment you have requested, or to take requested steps for you before we enter into a contract.
To fulfill a legal obligation. We may use your personal information to comply with a legal obligation we are subject to.
To protect a vital interest. We may use your personal information to protect your vital interests or those of another person, or if necessary to perform a task carried out in the public interest or in the exercise of official authority vested in us.
For a legitimate interest. We may use your personal information if we have a legitimate interest in doing so. For example, we may use your personal information to send you updates about the Services and Equipment you used or purchased, or we may use your personal information to provide and improve the Services and Equipment.
To the extent that you are in the EEA, you have certain rights to access the personal information we hold about you. And you may ask us, to the extent provided by applicable law, to correct, erase, or restrict the processing of that information. If you would like to exercise one of those rights, please contact us at: Privacy@DaikinComfort.com. Moreover, as we are a member of the Daikin Group, you may also address any questions or complaints you have to the Data Protection Officer for the Daikin Group by using this online form or by sending mail to:
- Daikin Industries, Ltd.
c/o Global Data Protection Officer
- Umeda Center Building
2-4-12, Nakazaki-Nishi, Kita-Ku, Osaka 530-8323, Japan
To the extent that you are in the EEA and if you have questions or complaints that we are not able to resolve, you have the right to submit a complaint to the data privacy authority where you reside.
Our Services are intended for those who are 18 years of age or older. However, if you are between the ages of 13 (or the equivalent minimum age in your jurisdiction) and 18, you agree you will only use the Services under the direct supervision of a legal guardian or parent who has agreed to our Terms and this Policy for themselves and on your behalf. You may not use our Services if you are under 13 years of age. We do not knowingly collect or store any personal information from anyone under the age of 18 unless we believe we have received consent from that person’s legal guardian or parent who has agreed to our Terms and this Policy.
10. Automatically Collected Information
As described in Section 1, we may automatically collect information about you whenever you visit our website or interact with our Equipment or Services. For example, these automated systems may collect information about the browser you are using, your device’s operating system, or the duration for which you used our Services or Equipment. The following are some examples and descriptions of the ways in which we may automatically collect information:
- Cookies are small files that are stored on your device (e.g., computer, mobile phone) when you visit or access some of our Services through a web browser. Cookies can, among other things, remember your preferences, remember your login information, and track your visits to our websites. By doing this, the cookies help us customize your experience with our Services. We use the following types of cookies:
§ Necessary cookies: These cookies are essential to enable basic functions on the website and make the website usable. Once you close your browser, these cookies disappear.
§ Functional cookies: These cookies enable the website to save information which has already been entered (such as language choices or your location), so that we can offer you more personalized functions. These cookies collect anonymous information and cannot track your movements on other websites.
§ Performance cookies: These cookies are used for collecting information about the use of our website, including the number of unique visitors to our website, the number of views for a webpage, the amount of time a user spends on a webpage, and other website statistics. These cookies are used to improve the performance of the website and the user experience. The collected information is aggregated and made anonymous.
§ Local Shared Objects (Flash cookies): These cookies are used with Adobe Flash Player to deliver certain content.
- Web Beacons are small files that collect advertising data. For example, a Web Beacon may count page views or responses to our advertising—allowing us to provide information that may be more relevant to you.
You can manage or disable cookies at any time by adjusting your browser settings. You can also set your browser to notify you when you receive certain cookies, giving you the chance to decide whether to accept it or not. Browsers are different, so refer to the settings menu of your browser for instructions on how to change your cookie preferences. If you choose not to receive cookies, our website may not function properly and certain services may not be available. You can find out more information about cookies and how to manage them by visiting the website www.allaboutcookies.org. You can also find out how to disable Flash cookies visiting www.adobe.com/products/flashplayer/security for details.
11. Your Choices
By providing your personal information to us, you agree to the collection, processing, international transfer and use of that information as set forth in this Policy. Where required by applicable law, we will ask for your explicit consent.
You may also have the right to lodge a complaint with a supervisory authority.
12. Direct Marketing
We may process personal information provided by you for marketing purposes. You may have the right to opt-out of our use of your personal information for electronic marketing purposes. If you have received electronic marketing communications from us and would like to submit an opt-out request for these marketing communications, you can let us know by email at Privacy@DaikinComfort.com. You may also use, if provided, the opt-out mechanism at the bottom of our electronic marketing communications to change your marketing preferences or opt-out of all electronic marketing communications.
13. Contact Us
Daikin Texas Technology Park
Attn: Legal, IP
19001 Kermier Rd.,
Waller, TX 77484.