EFFECTIVE DATE: November 2023
This Privacy Policy applies to personal information processed by HIVEX Basement Finishing Co. LLC including its subsidiaries (“HIVEX,” “we,” “us,” and “our”) through our Site, mobile applications, and related HIVEX offerings. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights. To make this Privacy Policy easier to read, our Site and related offerings are collectively called the “Services.”
Capitalized terms not defined herein will have the meaning set forth in our Terms of Service.
PERSONAL INFORMATION WE COLLECT
INFORMATION COLLECTED AUTOMATICALLY
INFORMATION FROM OTHER SOURCES
DISCLOSING YOUR INFORMATION TO THIRD PARTIES
SUPPLEMENTAL STATE PRIVACY NOTICE
The categories of personal information we collect depend on how you interact with our Services. For residents of certain US states and international jurisdictions, more information is available in our supplemental disclosure below.
Consultation Requests. We may collect information when you request for a consultation, such as your name, email address, phone number, and address.
Orders. If you place an order with HIVEX, we will record the personal information and details associated with the transaction. For example, we will collect information about the products you purchase, your billing and shipping address, phone number, and payment information. Please note that we use a third-party service provider to collect and process payment card information on the Services. HIVEX does not directly collect or store any payment card information provided to the Services, but it may receive information associated with your payment card information (e.g., your billing details).
Your Communications with Us. We collect personal information from you such as your email address, phone number, or mailing address when you request information about our products and services, register a warranty, sign up for marketing from us, register for our newsletter, request customer or technical support, or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Interactive Features. We may offer interactive features such as customer service chat tools, forums, blogs, and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Where permitted by law, any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein.
Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in HIVEX. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.
Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising, and other unique identifiers, details about your browser, operating system, or device, location information (including, the location of your tub if it's connected to a mobile application, or, with your consent where required by law, precise location to help you find the closest dealer to your location, and inferred location based on your IP address), Internet service provider, mobile carrier, pages that you visit before, during and after using the Services, information about the links you click, information about how you interact with the Services, including the frequency and duration of your activities, items or keywords you search for, details about your search criteria, the products that you browse, and other information about how you use the Services.
Cookie Policy and Other Tracking Technologies (e.g., Cookies, Pixel Tags/Web Beacons, and Analytics Information). We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
How We Use Automatic Collection Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
Third-Party Organizations. We may obtain information about you from other sources, including from third-party services and organizations where permitted by law. For example, if you made a purchase with HIVEX possible with financing made available via a third-party financing provider, that provider may share personal information related to your order with us.
HIVEX Dealers and Affiliates. HIVEX-authorized dealers and entities may share some personal information with us in connection with your purchases where permitted by law. For example, we may receive information about your purchase of a product that is eligible for warranty registration.
Referrals and Sharing Features. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends or colleagues through our referral services. Our referral services may allow you to forward or share certain content with friends or colleagues, such as an email inviting your colleague to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
We use your personal information for a variety of business purposes, including:
To provide the Services, Information Requested, or our products to you, such as:
Administrative Purposes, such as:
We may use your information for other legitimate business purposes as permitted by law.
Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law including, but not limited to, by email, telephone and text message (including via automatic telephone dialing system), direct mail, and custom audiences advertising. You may otherwise agree or opt-in to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.
Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other purposes where legally permissible.
We may share your personal information with the following categories of third parties:
Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.
HIVEX Dealers and Affiliates. HIVEX is a global company that works with a network of trusted authorized resellers. We share your personal information with a HIVEX authorized dealer near you to facilitate product sales, shipment, delivery, or installation as well as to provide maintenance and other services related to your products. Where you consent and/or where permitted by law, we also share your personal information with other companies within the HIVEX family for marketing and sales purposes.
Third-Party Financing Providers. Some of our products may be eligible for financing offered by third-party financing providers. If you interact with a third-party financing provider, they will collect the personal information that you provide to them. Please note that the third-party financing provider is directly collecting personal information from you and may process your information in accordance with its privacy policy. In addition, if you finance the purchase of a product through a third-party financing provider, HIVEX will share personal information about your order with the third-party financing provider. We are not responsible for the third-party financing provider’s processing of your personal information.
Advertising Partners. Through our Services, we may allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising”, “cross-context behavioral advertising” or “personalized advertising.” If you prefer not to share your personal information with third-party advertising partners, you may follow the instructions below.
APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal processes, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
We may share your information with third parties as appropriate and permitted by law. The privacy choices you may have about your personal information are determined by applicable law and are described below.
All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. There may be additional information specific to your country, which may be found on the applicable HIVEX website or is available upon request.
Depending on where you are located, you may have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
General. You may be able to opt out of certain uses of your personal information. You may receive an additional message or communication confirming your decision to opt out. You understand and agree that the following options are the only reasonable and valid methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, the methods set forth below or verbally requesting one of our employees to remove you from our list, is not a reasonable or valid means of opting out.
Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy).
Text Messages. You may opt out of receiving text messages by replying “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any text message you have received from us or by otherwise contacting us. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any of Our goods and services. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Phone Calls. If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us as set forth in the “Contact Us” below.
Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits, or you may opt-out of certain Technologies by visiting the Cookie Preference Center on our Site here. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by using the following hyperlinks to visit the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Please note you must separately opt out in each browser and on each device.
“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals transmitted by web browsers.
Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to receive messages or calls from us, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process set forth above before ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of this Policy. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages and/or the making of telephone calls, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our services.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail, or by sending an email to you.
The Services may contain links to third-party services and other third-party services may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each third-party service with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy or security practices of such third-party services. Using or providing personal information to these third-party services is at your own risk.
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict certain uses of your sensitive personal information; (vi) opt out of the processing of your personal information for purposes of (a) targeted or cross-contextual advertising, (b) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, and (c) sale of your personal information; (vii) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (viii) withdraw your consent; and (ix) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
You acknowledge and agree to not send or receive any prohibited content utilizing our Site, mobile applications, or related HIVEX offerings. Prohibited content includes:
In the event that there is a dispute, claim, or controversy between you and Us or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Service, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of Delaware, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply instead of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class, court proceeding, or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision and class action waiver shall survive any cancellation or termination of your agreement to participate in any of our Services.
We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. This Privacy Policy was last updated per the effective date.
For support regarding the Service, text “HELP” to the number you received messages from or email us at lmcnally@hivexbasements.com
Please note contacting Us at this email address is not a reasonable or valid method of opting out of the Service. Opt-outs must be submitted in accordance with the procedures set forth above. If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact our privacy team at:
6324 Old Plank Road
Fredericksburg, VA 22407
Attn: Privacy Office
lmcnally@hivexbasements.com
MISCELLANEOUS. You warrant and represent to Us that you have all necessary rights, power, and authority to agree and submit to this Privacy Policy and perform your obligations hereunder, and nothing contained in this Privacy Policy or the performance of such obligations will place you in breach of any other contract, agreement, or obligation. The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Privacy Policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the extent necessary so that this Privacy Policy otherwise will remain in full force, effect, and enforceable. Any new features, changes, updates, or improvements to our goods and services shall be subject to this Privacy Policy unless explicitly stated otherwise in writing. We reserve the right to change this Privacy Policy from time to time. Any updates to this Privacy Policy shall be communicated to you. You acknowledge your responsibility to review this Privacy Policy from time to time and to be aware of any such changes, you accept this Privacy Policy, as modified.
Scope of Supplemental State Privacy Notice. This Supplemental State Privacy Notice applies to our processing of personal information under applicable laws in certain states, including Virginia, California, and Colorado.
The following table describes the categories of personal information HIVEX has collected and whether
HIVEX disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months.
Additional Privacy Rights for Residents of Certain States. The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above. We do not process sensitive personal information to infer characteristics about individuals or except as permitted by applicable state law.
“Sales” of Personal Information and Right to Opt-Out of Sharing of Personal Information for Targeted or Cross Contextual Advertising. For purposes of certain state laws, HIVEX does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age. That said, we may share information with third-party advertising partners for the purpose of promoting our Services as described above, such as for cross-context behavioral or targeted advertising.
We may share the following categories of data with Advertising partners for this purpose:
To the extent that such sharing is considered a “sale,” “sharing,” or “targeted advertising” under applicable state law, you may limit such sharing by following the instructions found above in the section titled, Your Privacy Choices and Rights > Your Privacy Choices > Cookies and Personalized Advertising here, by contacting us as set forth in “Contact Us” above, by clicking on the “Your Privacy Choices” link found here, or by:
Non-Discrimination. Residents of certain states have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by applicable law.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, provide written authorization signed by you and your designated agent and please contact us as set forth above.
Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.
California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please contact us as set forth below.