California Privacy Policy

Updated January 7, 2020

The protection of your personal information is important to us at Modern Air. As stated in our general Privacy Policy, we comply with applicable law in the places where we operate. Our California residents privacy policy supplements the information contained in our general Privacy Policy and applies solely to all visitors, users, applicants for employment, and others who reside in the State of California and is provided to inform you, as a California resident, of your rights with respect to information collected by Modern Air (collectively, “Modern Air” or “we,” “us,” and “our”).

Information We Collect

Contact information:

Modern Air collects contact information provided by you when you visit our Site. This includes, but is not limited to, names and usernames, business name (if applicable), purchase history, billing and shipping addresses, phone numbers, email addresses, the location where you purchased Modern Air products, and other digital contact information.

Information About Minors:

Modern Air’s Site is neither structured nor intended for users who are minors. Modern Air does not target, promote, or market products or services to minors. We do not knowingly collect Personal Information from minors, as defined by law. If we discover we have received Personal Information from a person under the age of 18 years, which has not been properly authorized, we will take reasonable steps to delete that data as quickly as possible.

Payment Information:
Modern Air collects your payment information when you purchase our products and services. This includes, but is not limited to, information from your credit or debit card, personal check, PayPal account (or other electronic payment service provider), or gift card. Payment information is used for payment processing and fraud prevention. Modern Air will not use your payment information for any other purpose.

Credit and Identifier Information:
Modern Air may collect credit and identifier information about you in connection with the purchase, or attempted purchase, of our products and services. This includes, but is not limited to, information about your credit history, income, social security number, and date of birth. Modern Air may use this information to, among other things, help you rehabilitate your credit.

Applications for Employment:
Modern Air may place job openings on the Site that require you to provide your Personal Information in connection with an application for employment. We collect your Personal Information, contact instructions, and information related to applicable work experience through online forms and other means.

Information Needed for Warranty Claims:
When you make a claim under one of our written warranties, Modern Air will collect Personal Information from you relating to the initial purchase of the product to process the warranty request and prevent fraud.

Demographic Information:
Modern Air collects information about who you are, what you do, and where you live. This helps us put your feedback about our products and services into context so that we may serve you better in the future.

Location Information:
Modern Air collects location data obtained from your mobile device’s GPS or your IP address, depending on whether you are visiting the mobile or online version of our Site. In addition to any other uses noted in this Privacy Policy, we may use this location data to find a Modern Air dealer close to you.

Communications and Promotions:
Modern Air collects information provided when you communicate with us via blogs, social media sites, other offline communications (e.g., paper mailers, trade show attendance forms), or other online or in person communications (e.g., electronic entry forms, contact us forms). In addition, we may require that you provide Personal Information to access more detailed descriptions of our products or services or to better find products and services that we wish to market to you, which will then allow us to engage you in follow-up communications or to verify requests received from you. Further, the Site sometimes include notices of promotions for which you can submit an online entry.

Surveys and Polls:
Modern Air values your opinions and comments, and we may conduct online surveys or polls. Participation in these surveys and polls is always optional. The Personal Information collected via polls is aggregated and used to make improvements to the Site and to develop useful content, features, and promotions for visitors to our Site. The identity of survey or poll participants is anonymous unless the survey or poll either specifically requests Personal Information or otherwise states information is collected.

Other information:
We collect information about the browser you are using as you visit our Site. We may also track the specific pages you visit, the website you came from, or the website you visit once you leave ours. For a better understanding of our Site’s user-experience, we may record visitor sessions and track movements on the Site. Our aim for this recording is to understand what content or elements of the Site is most engaging or challenging for the users. Understanding this information will allow us to be make enhancements to the Site for the benefit of all future users.

How we Use Information About You
In addition to the business reasons discussed above, Modern Air uses Personal Information (collected from you and/or your device) for both system administration purposes, to enhance your experience while on our Site, to market our goods and services, and to otherwise transact or communicate with you. Consistent with applicable law and the choices you make, specific uses may include, but are not limited to, the following:

  • Compiling figures for market research, data analytics, and website performance.
  • Providing descriptions of our products and services when you need them.
  • Noting color, style, and design preferences as you move through our Site.
  • Displaying advertisements personalized to individual interests or preferences, either on our Sites or the sites of third parties.
  • Tracking the effectiveness of our marketing efforts.
  • Setting in-home appointments upon your request.
  • Collecting information for lead-generation or the sale of additional products/services.
  • Assisting with the procurement of financing for your purchase of Modern Air products and/or services or rehabilitating your credit for the future purchase of Modern Air products and/or services.
  • Considering you for employment at Modern Air.
  • Facilitating transactions for the procurement of replacement parts.
  • Demonstrating Modern Air’s compliance with our legal obligations, policies, and procedures.

Any uses described in this section are not exclusive, and there may be additional uses for Personal Information indicated elsewhere in this Privacy Policy.

Your Rights Under the CCPA

Right to Access and Request:
If you are a resident of California, you have the right to request that Modern Air identify and disclose to you and deliver your Personal Information under our control collected within the last twelve (12) months. This information will be provided in the form of a report to you, free of charge. At the time your request is made, you may ask that the report be in either paper or electronic format. If in paper format, Modern Air will send the requested information via U.S. Mail. If in electronic format, Modern Air will send the requested information via email.
Once your status as a California resident is confirmed and your identity and request verified, Modern Air will make all reasonable efforts to provide a response in 45 days, but may notify you of our intention to extend the timing of our response for an additional 45 days (total of 90 days).

Once your identity and the relevance of your request have been verified, Modern Air will include the following information in our response:

  • Categories of Personal Information collected.
  • Categories of sources from which the Personal Information was collected.
  • Business or commercial purpose for collecting or selling the information.
  • Categories of third parties with whom the business shares and/or sells the information.

You may request a copy of your Personal Information no more than two (2) times in a 12-month period.

Right to Delete:

If you are a resident of California, you have the right to request that Modern Air delete any Personal Information about you we have collected. Once your status as a California resident is confirmed and your identity and request verified, Modern Air will delete the information and direct any third-party service providers to delete the information from its records.
However, all or part of your Personal Information may be retained if it is needed by us for a reasonable business justification, including but not limited to the following:

  • Complete the transaction for which the information was collected, provide a good/service requested by you (or reasonably anticipated within the context of an ongoing business relationship with you), or otherwise perform a contract between Modern Air and you.
  • Detect security incidents or otherwise protect against malicious, deceptive, fraudulent, or illegal activity, up to and including pursuing prosecution of those responsible for the illegal activity.
  • Debug the information to identify and repair errors impacting functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act.
  • Engage in public or peer-received scientific, historical, or statistical research in the public interest.
  • Enable internal uses that are reasonably aligned with expectations based on your relationship with the business.
  • Fulfill the terms of a written warranty or product recall.
  • Comply with a legal obligation.
  • Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Sale of Personal Information:

We sell certain Personal Information to our retail affiliates and dealers so that such non-corporate-owned retail affiliates and dealers can set up appointments and offer programs or services to you via various online and offline marketing campaigns. Such Personal Information includes your name, phone number, email address, mailing or street address, and other contact information.

Right to Opt-Out of Sale of Personal Information:

As a California resident, you have the right to opt out of the sale of your Personal Information by Modern Air. Please add Do Not Sell My Personal Info https://modernairco.com/contact-us/ to create a record of your choice to opt-out. If you choose to opt-out of the sale of your Personal Information, we may contact you after twelve (12) months to request authorization to sell your Personal Information.

If Modern Air sells your Personal Information before you opt-out, you have an additional right under the CCPA to request disclosure of the following:

  • Categories of Personal Information Modern Air collected about you.
  • Categories of information Modern Air sold about you and the categories of third parties to whom the information was sold.
  • Categories of information Modern Air disclosed about you for a business purpose.

With this, a third party is prohibited from any further sale of your information purchased from Modern Air unless you receive explicit notice from that third party and are provided a separate opportunity to opt out.

Right of Non-Discrimination:

Modern Air cannot deny provision, suggest that you will receive a different price or a different level or quality, or charge different prices for products or services if you exercise your rights under the CCPA.

Right to Notification of Financial Incentive:

Modern Air may, on occasion, offer financial incentives, including payments as compensation, for the collection of Personal Information, the sale of personal information, or the deletion of information. Other financial incentives may include offering a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to you by the Personal Information. As required by the CCPA, Modern Air will notify you of incentives when offered. We will only enter you into a financial incentive program if you give us prior opt-in consent that clearly describes the material terms of the financial incentive program. Your opt-in consent may be revoked at any time.

Exercising Your Rights

You can exercise the rights afforded to you under the California Consumer Privacy Act of 2018 (“CCPA”) in one of four ways.
ONE: Online: Link To Request Form
TWO: By U.S. Mail: 16570 Church Street, Suite 130, Morgan Hill, CA 95037
THREE: By Phone: (408) 497-0444
FOUR: By Email: info@modernairco.com

Please be aware that Modern Air must verify your identity before certain rights can be exercised.