PRIVACY POLICY

Date of Last Revision: January 18, 2017

WELCOME TO WWW.NORITZ.COM AND THE PROCARD MOBILE APPLICATION (COLLECTIVELY, THIS “SITE”), OPERATED BY NORITZ AMERICA CORPORATION, A CALIFORNIA CORPORATION (“NORITZ”). THIS PRIVACY POLICY IS DESIGNED TO EXPLAIN NORITZ’S POLICIES AND PROCEDURES REGARDING THE COLLECTION AND USE OF PERSONAL INFORMATION COLLECTED ON THIS SITE.

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

The owner of the Site is based in the state of California in the United States of America. Noritz provides the Site for use only by persons located in the United States and Canada. Personal data received or obtained from Canadian residents may be transferred to the United States where it may be used, disclosed, transferred or stored by Noritz, its service providers or independent contractors or installers in connection with your request to be provided with lists of, or referrals to, the same. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or Canada, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.

 

1. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED

Personally identifiable information that we collect may include your name, street address, email address, phone number, fax number and any other contact or demographic information which, when used by itself, or with other data, might identify you individually (“Personal Information”).

We collect Personal Information in a number of ways when you visit this Site, including when you register to use the Site, request a quote, or complete the online Contact Form, request a referral to, or list of, potential independent contractors or installers for Noritz products, post material, request further services, enter a contest or promotion sponsored by us, report a problem with our Site, or through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site, or when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy. Additional information that we may collect on or through the Site may include records and copies of your correspondence (including email addresses), if you contact us; your responses to surveys that we might ask you to complete for research purposes; details of transactions you carry out through our Site and of the fulfillment of your orders; or your search queries on the Site.

We collect this information directly from you when you provide it to us, or automatically as you navigate through the Site or from third parties, for example, independent contractors who may install any Noritz products at your location and wish to register information about your installed Noritz product for warranty purposes. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “Submissions”). Your Submissions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Site with whom you may choose to share your Submissions. Therefore, we cannot, and do not, guarantee that your Submissions will not be viewed by unauthorized persons.

Noritz may collect information about your internet connection, the equipment you use to access our Site and usage details as well as the install date of the Noritz product, the type of Noritz unit, its purchase date and type of heater information. Noritz may also obtain information from other sources and combine that with information collected on the Site.

This Privacy Policy does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site. You should refer to such third party’s site for that site’s privacy policy and terms of use.

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here http://www.noritz.com/about-noritz/privacy-policy for information on how you can opt out of behavioral tracking on this Site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Additionally, PROCard members who install Noritz products in their customer’s homes or other structures may provide Personal Information about such customers for the purpose of registering Noritz products under warranty provisions, trouble-shooting and other purposes relating to the installed Noritz unit. PROCard members who submit such Personal Information about such customers (which may include customer name, address, telephone number, email address, type of unit installed, date installed and other such identifying information) represent and warrant to Noritz that such PROCard member has obtained the appropriate consent from their customers prior to submitting such information to or through the Site. Such PROCard member agrees to defend, indemnify and hold harmless Noritz, its affiliates, and their respective officers, directors, employees and agents, successors and assigns (the “Noritz Parties”) from and against any claims, damages, costs, obligations, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to such PROCard member’s failure to obtain such appropriate consent.

 

2. COOKIES

As part of offering and improving Noritz’s products and/or services, Noritz may also automatically collect certain information through the use of “cookies.” A cookie is a small data file stored on your hard drive by a website. Among other things, cookies help us improve our Site and your experience by saving statuses and preferences. Cookies by themselves cannot be used to find out the identity of any user, but if we link cookies to personal information, we will treat the information collected by the cookies as Personally Identifiable Information. Most browsers are initially set to accept cookies, but users can change their settings to refuse browser cookies or to be alerted when browser cookies are being sent. Please note that if you choose to remove or reject cookies, this could affect certain features or services of the Site.

 

2. CHILDREN UNDER THE AGE OF 18

Our Site is not intended for children under 18 years of age. No one under age 18 is authorized to provide any Personal Information to or on the Site. 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 on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@noritz.com.

 

3. THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

 

4. USE

Noritz may use Personal Information for the purposes described in this Privacy Policy or otherwise disclosed to you on the Site. For example, we may use Personal Information to:

  1. operate and improve the Site;
  2. process your requests and transactions;
  3. conduct product research and development efforts;
  4. respond to your comments and questions and provide customer service;
  5. send you technical notices, confirmations, updates, security alerts and support and administrative messages;
  6. provide marketing materials and information regarding products or services of Noritz or our affiliates or other third parties;
  7. link or combine with other Personal Information we may obtain from third parties to help understand your needs and provide you with better service;
  8. fulfill any other purpose for which you provide it;
  9. carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  10. notify you about changes to our Site or any products or services we offer or provide though it;
  11. allow you to participate in interactive features on our Site;
  12. be used in any other way we may describe when you provide the information; and
  13. be used for any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please send an email to PROCard Administrator, productsupport@noritz.com or by calling 1 -866-766-7489 and asking for the PROCard Administrator. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.]
We may store and process Personal Information in the United States, Canada and other countries.

 

5. DISCLOSURE

Noritz does not sell, rent or disclose your Personal Information to any third party, except to our subsidiaries and affiliates, and except as follows or as otherwise described to you on the Site:

(a) to independent third party contractors or installers of Noritz products in response to your request for referral to, or a list of, such third part contractors or installers;

(b) with third party vendors, consultants and other service providers who are engaged by, or working with, Noritz and who need access to such information to carry out their work (e.g., to contact you about the possible installation by an independent third party contractor of a Noritz product, with third party payment processors to facilitate online transactions, authorized installers for purposes of delivering the products and services, etc.);

(c) to comply with laws or to respond to lawful requests and legal process, including to respond to any government or regulatory request;

(d) to protect the rights and property of Noritz and our agents, customers and others, including to enforce our agreements, policies and Terms of Use:

(e) in an emergency situation, to protect the safety of Noritz, its customers or any other third party;

(f) in connection with any merger, sale of company assets, restructuring, reorganization, financing or acquisition of all or a portion of Noritz to another company in which Personal Information held by Noritz about our Site users is among the assets transferred;

(g) with your consent to do so, including if we notify you that the information you provide will be shared in a particular manner and you provide such information;
(h) to fulfil the purpose for which you provide it;

(i) for any other purpose disclosed by us when you provide the information; or

(j) otherwise with your consent.

We may also disclose your Personal Information:

  • To enforce or apply our Terms of Use and other agreements with you, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Noritz, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Noritz may provide aggregate statistics about Noritz’s customers, sales, online traffic patterns and related information to reputable third parties and nothing herein restricts the sharing of aggregated or anonymized information that does not directly identify you.

 

6. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending an email stating your request to marketing@noritz.com.
  • Promotional Offers from Noritz. If you do not wish to have your email address/contact information used by Noritz to promote our own or third parties’ products or services, you can opt-out by sending an email stating your request to marketing@noritz.com.. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Noritz as a result of a product purchase, warranty registration, product service experience or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending an email stating your request to marketing@noritz.com..
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

 

7. ACCESSING AND CORRECTING YOUR INFORMATION

PROCard members can review and change their Personal Information by logging into the Site and visiting their account profile page.

If you are not a PROCard member, you may send us an email at marketing@noritz.com. to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. 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.

If you delete your Submissions from the Site, copies of your Submissions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including Submissions, is governed by our Terms of Use http://www.noritz.com/about-noritz/terms-of-use.

 

8. 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 send an email to marketing@noritz.com..

 

9. SECURITY

Noritz takes reasonable measures to protect your Personal Information from loss, misuse and any unauthorized access, disclosure or alteration. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we use commercially reasonable efforts to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

10. CHANGES TO THE PRIVACY POLICY

Noritz reserves the right, at any time and without notice, to add to, change, update or modify the Privacy Policy and will indicate when changes have been made by revising the date above. If we make material changes to how we treat our users’ Personal Information, we will notify users generally through a notice on the Site. Any such change, update or modification will be effective immediately upon posting on this Site, unless we specify otherwise. Your use of the Site following the posting of such changes will constitute your consent to such changes. Noritz encourages you to review this Privacy Policy whenever you visit the Site to make sure that you understand Noritz’s information collection, use and disclosure practices.

 

11. CONTACT NORITZ

If you have any questions regarding this Privacy Policy, please contact PROCard Administrator, productsupport@noritz.com or by calling 1-866-766-7489 and asking for the PROCard Administrator.