Your privacy is important to Whynter (referred to as “we” or “us” in this policy) and the purpose of this policy is to inform you what personal information we collect about you, how we use it, whether we disclose it to anybody else, how long we keep it, and how you can request access to your personal information or obtain more information about Whynter Innovations Group privacy policy.
Personal Information: Personal information means any information about you except your name, business title, business address, business email address, business telephone number or business facsimile number. It also excludes your home address and telephone number if these are published in a telephone or other directory.
Accountability
We are responsible for the personal information under our control and we have designated two privacy officers who are responsible for our compliance with this policy and with privacy legislation. If you wish to contact either officer please do so using one of the following options:
- By email: [email protected]
- By Mail:
Whynter LLC
3320 E Birch Street
Brea CA 92821
USA
Attn: Privacy Officer
What personal information do we collect?
When you purchase a product or service from us, or if you participate in one of our surveys, contests, rebates or promotions we may collect some or all of the following information.
- Your name, address and telephone number
- Email address and facsimile number
- Your occupation
- Your language preference
- Credit card information set out in the application for credit form
- Credit card number or banking information provided during the purchase of a platinum extended warranty
- Model number and serial number of product purchased
- Location where product was purchased
- Original sales receipt(s) or invoice(s) to participate in rebate program
Cookies
Whynter Innovations Group is committed to protecting your privacy and providing solutions that give you the most powerful, safe, online experience that you can receive. Our web site currently uses a cookie to track the language and country of choice to provide the proper group of products and services in your language of choice.
If you choose not to allow cookies, you can still use our site, however you will be required to provide information related to country and language preference each time you access the site.
The security of your personal information is important to Whynter Innovations Group:
Your personal information is used by us only for the purpose identified below and access to your personal information is limited to those employees of Whynter Innovations Group who need to have access to it.
How do we use Personal Information?
Your personal information may be used to provide products and services to you such as:
1. Warranties – To offer you warranty on your Whynter product(s).
2. Owners Registration Cards – To collect and store your owner’s registration information for warranty purposes.
3. Manufacturer Rebates – Collect and store your information for the purpose of validating entitlement to claim and tracking rebates issued.
4. Delivery of Product – Delivery of Whynter product(s) to your place of residence.
5. Direct Mail Pieces – When you have authorized Whynter Innovations Group to send you information regarding our products or services.
Sometimes we have to share Personal Information with others:
We do not sell your personal information to third parties. We may share some or all of the information with third parties such as delivery services, data entry houses to process owners’ registration cards, Promotional management services to execute rebate programs and issue checks, as well as financial institutions. We may also disclose your personal information where we are required or permitted to do so by law.
How long do we keep your Personal Information?
We retain your personal information as long as necessary to fulfill the purpose. If the information relates to the warranty or platinum extended warranty, we retain personal information relating to the warranty agreement for as long as that agreement is active. If the information relates to the service or repair we retain the personal information for as long as is reasonably necessary to address any issues arising from the service or repair or as may be required by law. Unless otherwise specified personal information relating to rebate programs are kept on file for a period of 1 year after the close of the program.
What can you do if you want to limit the use to which we put your Personal Information?
Most of the personal information we collect is necessary for us to sell or supply a product, service or issue a rebate to you, and we cannot do this without the required personal information. Similarly, at times we must disclose your personal information as described above in order to complete your sale, service or issue a rebate. If you do not want us to use or disclose your personal information please contact Whynter’s privacy officers as described above and we will be pleased to discuss with you how we can limit collection, use or disclosure of your personal information.
Access to your Personal Information
You have a right to access the personal information which we have about you and to request that personal information which you believe to be inaccurate be corrected. If you wish to access your personal information please contact one of Whynter’s privacy officers who will be pleased to assist you.
Questions or Concerns
If you have any further questions or concerns about this Privacy Policy or about the collection, use and disclosure of your personal information by Whynter Innovations Group please contact one of Whynter’s privacy officers as set out at the beginning of this policy and we will do our best to address your concerns in a prompt and professional manner.
Terms of Service
The use of the www.whynter.com web site (this “site”) is governed by the Terms of Service set forth below and all other disclaimers, guidelines, policies and terms and conditions appearing on this site. Your use of this site in any manner, whether browsing, registering a warranty with us or making a purchase, constitutes your acknowledgement that you have read the Terms of Service and that you agree to follow and be bound by them. Whynter Innovations Group reserves the right to modify or change the Terms of Service at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this site.
Usage Restrictions
You may access and view the Content (as defined below) appearing on this site for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Whynter Innovations Group reserves complete title and full intellectual property rights to any Content that you download from this site.
You agree to use this site only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this site; and (iii) conducting fraudulent activities.
Proprietary Rights
The Whynter / SNO / SLOARIS logos and trademarks, as well as other marks, trade names, trademarks and logos on this site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this site, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Whynter or a Whynter affiliate or by third parties who have licensed their rights to Whynter Innovations Group. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Whynter Innovations Group owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this site. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Submissions to www.whynter.com
Any remarks, suggestions, ideas, messages and data submitted by you to Whynter Innovations Group through this site (collectively, the “Messages”) shall be and remain the exclusive property of Whynter Innovations Group. Therefore, Whynter Innovations Group discourages you from submitting Messages that you do not wish to assign to Whynter Innovations Group, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to Whynter Innovations Group, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Whynter Innovations Group of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Whynter Innovations Group is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Modification of Content
Whynter Innovations Group attempts to ensure that the Content on this site is complete and current. As indicated in the DISCLAIMERS set forth below, we do not guarantee that the information contained on this site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Whynter Innovations Group reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
Links to Third Party sites
This site may contain links to other sites that are neither owned nor operated by Whynter Innovations Group (although some such sites may have an affiliation with Whynter Innovations Group) (collectively, “Third Party Sites”). Such links are provided for your convenience only. Whynter Innovations Group makes no representations whatsoever about any Third Party Sites which you may access through this site, as Whynter Innovations Group has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this site or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third party Sites may differ significantly from the Whynter Innovations Group Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.
DISCLAIMERS
ALL CONTENT ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS SITE, ARE PROVIDED “AS IS” AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. WHYNTER INNOVATIONS GROUP DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF WHYNTER INNOVATIONS GROUP, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY CONTENT ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WHYNTER INNOVATIONS GROUP DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Whynter Innovations Group DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS SITE. WHYNTER INNOVATIONS GROUP DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Whynter Innovations Group may display advertising prints for products on this site. Whynter Innovations Group attempts to display the colors of the products shown on this site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
Limitation of Liability
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Whynter Innovations Group NOR ITS AFFILIATES, LICENSOR(S), OR SUPPLIER(S) WILL BE LIABLE UNDER THIS AGREEMENT OR ARISING OUT OF OR IN CONNECTION WITH THE www.whynter.com WEBSITE TO YOU, OR ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU, FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU ACTUALLY PAID TO www.whynter.com FOR THE PARTICULAR GOOD OR SERVICE YOU PURCHASED AND THAT IS THE SUBJECT OF THE CLAIM, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST WAGES, LOST SAVINGS, INJURY TO PROPERTY, LOSS OF USE, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES AND OTHER LOSSES AND DAMAGES, EVEN IF www.whynter.com OR ITS AFFILIATES, LICENSOR(S) OR SUPPLIER(S) HAVE BEEN ADVISED, KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE BASIS FOR THE CAUSE OF ACTION IS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ADDITION, NEITHER www.whynter.com NOR ITS AFFILIATES, LICENSOR(S) OR SUPPLIER(S) WILL BE LIABLE FOR ANY NON-PARTY CLAIM. www.whynter.com, ITS AFFILIATES, LICENSOR(S), AND SUPPLIER(S) HEREBY EXPRESSLY DISCLAIM ALL SUCH DAMAGES, AND YOU HEREBY WAIVE AND RELEASE ALL SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION MAY NOT APPLY TO YOUR JURISDICTION, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY ACCORDING TO JURISDICTION. IN NO EVENT WILL DAMAGES PROVIDED BY LAW APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT.
Jurisdiction and Venue:
You agree this Agreement will be considered to be entered into in the State of California and will be governed by, construed and interpreted in all respects by the laws of the State of California as such laws are applied to contracts executed in and performed entirely within the State of California between California residents, without reference to any rules of conflict of laws. With respect to any litigation under this Agreement, you irrevocably agree to personal jurisdiction in and exclusive venue of the United States any California State Court within Orange County, California.
Severability:
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. If any provision of this Agreement is held to be unenforceable under present or future law, and not subject to reformation, then (a) such provision will be fully severable; (b) this Agreement will be construed and enforced as if such provision was never a part of this Agreement; and (c) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by unenforceable provisions or by their severance.
Entire Agreement:
This Agreement constitutes the entire agreement and understanding between us relating to the subject matter thereof.
If any provision of the Terms of Service is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.