Privacy Policy/CCPA/CPRA/CPA/VCDPA

Your Privacy

Your privacy is of great importance to us. As a user of this WEB SITE (the “Site”), you are valued by us and we will take appropriate measures to protect the information provided by and collected from you in the Site in connection with the functions, facilitations, products, and services offered on our Site.

How Personal Information is Collected and Used

We only request and use information absolutely essential to complete a transaction, respond to your requests for information on our products or services, and to inform you of services we think may be interest to you. This Personal Information may include information such as your name, address, telephone number, and e-mail address. When you browse our store, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. But we do not automatically collect Personal Information without your knowledge.

Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say decline.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you for the continued collection, use or disclosure of your information, at any time, by contacting us at info@navienmate.com or mailing us at the address below.

Disclosure of Personal Information

In certain circumstances, we may be compelled by law to disclose your Personal Information, such as in connection with a lawsuit or other legal proceeding. In the event disclosure is required, we will use reasonable efforts to try to secure Personal Information, including prohibiting use of the information for any commercial purpose.

In addition, we reserve the right to disclose certain information when, in our sole discretion, we determine that such disclosure is necessary to protect NAVIEN or its employees, their right or property, or to protect the physical safety or health of employees of NAVIEN or a member of the general public. This may include sharing information with other companies, lawyers or government agencies in connection with issues related to fraud or government subpoenas, search warrant, statute or court order, or any valid administrative request from a law enforcement agency.

Protection of Information

NAVIEN will maintain the confidentiality of the information it collects. We maintain internal practices that help protect the security and confidentiality of this information by limiting employee access to and use of this information. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

Sharing of Information with Third Parties

NAVIEN may share your personal information with carefully selected outside companies or business partners who may directly market their products or services to you if we feel that they offer products or services that may be of interest to you. In some instances we may provide to selected and reputable third party vendors collected statistical information about our members, our sales, and information related to our site, but this will never include personal information. Notwithstanding any other provision of this policy, NAVIEN may share any information we possess, subject to applicable legal requirements, when we believe it is necessary to prevent or investigate fraud, comply with the law or to otherwise protect the rights or property of users of our Site and our own interests or property.

We may remarket your information. Remarketing is a way for us to connect with users, based upon your past interactions with the NAVIEN website. Third-party marketing vendors may be hired by NAVIEN to perform remarketing services. As a result, third-party vendors, including Google, may show NAVIEN ads on sites on the internet. Third-party vendors, including Google, use cookies to serve ads based on a user’s prior visits to NAVIEN’s website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page at http://www.google.com/privacy_ads.html. This information is used only for remarketing purposes and will not be used by them for any other purpose.

We may share your information in a business transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including personally identifiable information. However, personally identifiable information would remain subject to this Privacy Policy.

Non-Confidential Information

If you sent us ideas, comments, suggestions, or questions regarding NAVIEN’s products or services or the content of this site, NAVIEN may use, disclose, or distribute the information to others without your permission or knowledge. NAVIEN may use ideas, concepts, or techniques you send us for any purpose, including to develop or market our products. If you want confidential treatment of any ideas, concepts, or techniques please write to the address below.

Links to Third Party Sites

You may be able to access third party web sites through links available on this Site. You understand and agree that your use of such third party sites, including affiliates’ sites, will be governed by the privacy statements of those sites and not by this Privacy Policy.

Third Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Access to Personal Information

If you desire access to your own Personal Information, to correct existing Personal Information, or to remove your Personal Information, please contact us at info@navienmate.com or using the Contact Us Form on the front page of the Site. Upon receiving your request, we will delete your Personal Information from our records.

Cookies and Other Data Tracking

Cookies are small data files that our server sends to your browser when you visit the Site. They allow our system to recognize your browser and help us monitor activity on the site, including which pages and features on the Site are the most popular. The use of cookies allows us to personalize and customize your experience of the Site such as preserving the contents of your shopping cart as you browse the Site or let you know about features of the Site that you have not previously accessed. You can delete cookies at any time or set your browser to reject or disable cookies. However, if you disable cookies, you may not be able to fully experience and interact with all of the features and services available on the Site.

We may use other industry standard technologies like pixel tags and web beacons to track your use of our Site pages and promotions, or we may allow our third party service providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Site, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our affiliates and/or marketing partners for the same purposes.

Statistical Information

We may collect statistical information from users navigating the Site. The information collected will not include details that can identify the user personally. It is used to track items you may purchase, Site traffic, sales and user trends and allows us to tailor our communications to members about products or services that may be of specific interest to them. This information will allow us to improve our service and make the shopping experience more appealing to our members.

Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Mailing Address & Contact Information

Questions or suggestions regarding this Privacy Policy or our privacy practices should be directed to:

Navien, Inc. Attn: Navien Mate Operations Manager 20 Goodyear Irvine, CA 92618 Tel: (877) 689-1541 Fax: (949) 420-0430 info@navienmate.com

Your California Privacy Rights

As provided by California Civil Code Section 1798.83, a California resident who has provided Personally Identifiable Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed Personally Identifiable Information to any third parties for the third parties’ direct marketing purposes. NAVIEN will provide you with the categories of Personally Identifiable Information that we collect through the Site and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request.

California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with our affiliated businesses or marketing partners. The request should be sent to the attention of our Navien Mate Operations Manager, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.

CCPA Privacy Policy

CALIFORNIA PRIVACY NOTICE

This California Privacy Notice (“Notice”) supplements the information contained in Navien Inc.’s Privacy Policy (https://www.navieninc.com/privacy) and applies solely to all consumers and households who reside in the State of California (“consumers” or “you”). Navien, Inc. (“Navien” or “we”) adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice.

I. PERSONAL INFORMATION WE COLLECT

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, Navien’s websites, including, without limitation, navien.com, navieninc.com, boilermadesmart.com, boilersmadesmart.com, gonavien.com, holehousecombi.com, tanklessmadesimple.com, wholehomeboiler.com, wholehomecombi.com, wholehouseboiler.com, wholehousecombi.com, wholehousecombis.com, and any other website that Navien owns or may own from time to time (collectively, “Website”), has collected the following categories of personal information from its consumers within the last twelve (12) months:

• Category A: Identifiers – A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Collected – YES

• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). – A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected – YES

• Category C: Protected classification characteristics under California or federal law. – Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Collected – NO

• Category D: Commercial information. – Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Collected – YES

• Category E: Biometric information. – Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Collected – NO

• Category F: Internet or other network activity – Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Collected – YES

• Category G: Geolocation data – Physical location or movements. Collected – YES

• Category H: Sensory data – Audio, electronic, visual, thermal, olfactory, or similar information. Collected – NO

• Category I: Professional or employment-related information – Current or past job history or performance evaluations. Collected – NO

• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99) – Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected – NO

• Category K: Inferences drawn from other personal information – Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Collected – NO

Personal information does not include:

• Publicly available information from government records.

• Deidentified or aggregated consumer information.

• Information excluded from the CCPA’s scope, like:

o health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Navien obtains the foregoing categories of personal information from the following categories of sources:

• Directly from you. (i.e., from forms you complete or products and services you purchase)

• Indirectly from you. (i.e., from observing or logging your actions on our Website)

II. BUSINESS OR COMMERCIAL PURPOSES FOR USING PERSONAL INFORMATION

We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request service or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

• To provide, administer and communicate with you about products, services, events, surveys and promotions (including by sending you marketing communications);

• To provide our services to you (including access to website and/or platforms), to communicate with you (including send you administrative and contractual information, such as information regarding the terms and conditions, warranty policies or service contracts) and to provide you other customer-related services, such as handle your queries and complaints;

• To contact you in the event of a service notification for your registered appliance or to provide other notices concerning the safety of your appliance regardless of your stated privacy preferences;

• To process, evaluate and respond to your requests, inquiries and applications;

• To confirm and process your order, provide you with updates regarding your order, process returns and contact you concerning your order;

• To create, administer and communicate with you about your account (including any purchases and payments);

• To personalize your experience on the services by presenting products and offers tailored to you, and to facilitate social sharing functionality;

• To verify your identity to ensure security for the other purposes listed here;

• To operate, evaluate and improve our business (including improving or developing new products and services; managing our communications; performing market research; determining and managing the effectiveness of our advertising and marketing; analyzing our products, services and websites; administering our websites; and performing accounting, auditing, billing, reconciliation and collection activities);

• To protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality;

• To conduct investigations and comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as this and other sites’ terms of use;

• To ensure the security of our network services, information resources and the safety of our products, services, and employees.

• For other uses, as agreed by you and us.

• To create, maintain, customize, and secure your account, if any, with us.

• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

• For testing, research, analysis, and product development, including to develop and improve our products, and services.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Navien’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Navien about our Website’s or services’ users is among the assets transferred.

III. PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS AND OTHER CONSUMER REQUESTS

Navien does not sell, rent or trade any personal information to third parties. Nonetheless, if you are 16 years of age or older, you have the right to direct us not to sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out or to submit any other verifiable consumer request, you (or your authorized representative) may submit a request to us by calling 800-519-8794 or by completing the online form located at https://www.navieninc.com/contact.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by submitting a request to us at the web address above.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

For all verifiable consumer requests, please allow 30-45 days for us to respond, depending on the nature of your request.

CPRA

Navien Mate Privacy Policy

Effective Date: July 23, 2023

Introduction

Welcome to www.navienmate.com This Privacy Policy outlines how we collect, use, and protect your personal information when you use our website. By accessing and using our website, you consent to the practices described in this policy.

Information We Collect

Personal Information: We may collect personally identifiable information such as your name, email address, postal address, and other information you voluntarily provide when you register, fill out forms, or interact with our website.
Non-Personal Information: We may collect non-personal information, such as IP addresses, browser types, device information, and anonymous usage data, to improve our website’s performance and user experience.

How We Use Your Information

Personal Information: We may use your personal information for the following purposes:

To provide and personalize our services to you.
To process transactions and fulfill orders.
To send you updates, newsletters, and promotional materials.
To respond to your inquiries and provide customer support.
To improve our website, products, and services.

Non-Personal Information: We may use non-personal information for analytical and statistical purposes, to track trends and usage patterns, and to optimize our website’s performance.

Cookies and Similar Technologies

We may use cookies, web beacons, and other tracking technologies to collect information about your browsing activities on our website. You can manage your cookie preferences through your browser settings.

Data Sharing

We may share your personal information with trusted third parties to assist us with the purposes outlined in this policy, such as payment processors, shipping partners, and marketing providers.
We will not sell, trade, or otherwise transfer your personal information to unaffiliated third parties for direct marketing purposes without your explicit consent.

Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction.

Your Rights

You have the right to access, correct, update, and delete your personal information. You may also opt-out of receiving marketing communications from us.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites. Please review their privacy policies before providing any personal information.

Changes to this Policy

We reserve the right to update and modify this Privacy Policy. Any changes will be posted on this page with the effective date.

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at

Navien, Inc

20 Goodyear Irvine, CA 92620

Tel: (877) 689 -1541 Fax: (949) 420- 0268

info@navienmate.com

Remember to customize this template to accurately reflect your website’s data practices. Additionally, consider seeking legal advice to ensure compliance with relevant laws and regulations.

CPA (Colorado) Privacy

COLORADO PRIVACY NOTICE

This Colorado Privacy Notice (“Notice”) supplements the information contained in Navien, Inc.’s Privacy Policy (https://www.navieninc.com/privacy) and applies solely to all consumers and households who reside in the State of Colorado (“consumers” or “you”). Navien, Inc. (“Navien,” “we” or “us”) adopt this notice to comply with Colorado’s Consumer Protection Act (the “CPA”). Any terms defined in the CPA have the same meaning when used in this Notice.

I. PERSONAL DATA WE COLLECT

Navien’s websites, including, without limitation, navien.com, navieninc.com, boilermadesmart.com, boilersmadesmart.com, comfort-mate.com, condensingsaves.com, gonavien.com, holehousecombi.com, navien.com.mx, navienliterature.com, navienmate.com, navienresources.com, navienrewards.com, naviensizing.com, tanklessmadesimple.com, wholehomeboiler.com, wholehomecombi.com, wholehouseboiler.com, wholehousecombi.com, wholehousecombis.com, and any other website that Navien owns or may own from time to time (collectively, “Website”) collect information that is linked or reasonably linkable to an identified or identifiable individual (“personal data”). Collection of personal data is limited to the extent that is adequate, relevant, and reasonably necessary in relation for the specified purposes herein. Provided below are the categories of personal data the Website collects from its consumers for business purposes:

• Identifiers – A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

• Commercial information. – Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Internet or other electronic network activity – Browsing history, search history, information regarding a consumer’s interaction with an internet website application, or advertisement.

• Geolocation data – Physical location or movements.

Personal data does not include:

• Publicly available information meaning information that is lawfully made available from federal, state, or local government records and information that a controller has a reasonable basis to believe the consumer has lawfully made available to the general public.

• De-identified data meaning reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or a device linked to such an individual, if the controller that possesses the data:

(a) Takes reasonable measures to ensure that the data cannot be associated with an individual;

(b) Publicly commits to maintain and use the data only in a de-identified fashion and not attempt to re-identify the data; and

• Information excluded from the CPA’s scope, like:

o Information and Data covered by the Children’s Online Privacy Protection Act (COPPA)

o Information and Data covered by the Fair Credit Reporting Act (FRCA)

o Information and Data covered by the Family Educational Rights and Privacy Act (FERPA)

o Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA);

o Financial information subject to the Gramm-Leach-Bliley Act (GLBA);

o Personal data protected by other existing laws relating to consumers’ personal data that afford greater protections for consumers’ privacy than that provided by the CPA.

II. SOURCES OF PERSONAL INFORMATION WE COLLECT

Navien obtains the foregoing categories of personal information from the following categories of sources:

• Directly from you (i.e., from forms you complete or products and services you purchase)

• Indirectly from you (i.e., from observing or logging your actions on our Website)

• From third-party vendors with whom Navien contracts

III. BUSINESS OR COMMERCIAL PURPOSES FOR USING PERSONAL DATA

We may use or disclose the personal information and sensitive personal information we collect for one or more of the following business or commercial purposes:

We may need to collect and use some of the information listed below because we are either legally required to do so or because we need it to provide the requested services to you. If you do not provide the information that we ask for, we may not be able to provide you with the requested services. Some of our uses of your sensitive personal data, as listed below, are in addition to those provided by Colorado law and are for lawful business purposes.