PRIVACY POLICY
This Privacy Policy will apply to the website that you are visiting, http://www.IernaAir.com (the “Website”), which is owned by IERNA’s Heating & Cooling.
IERNA’s Heating & Cooling and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected from you. We have adopted a corporate wide Privacy Policy that guides how we collect, store and use the information you provide online. Please note that this policy applies only to sites maintained by IERNA’s Heating & Cooling and its subsidiaries, and not to websites maintained by other companies or organizations to which we link.
If you have questions or concerns regarding this statement you should first contact IERNA’s Heating & Cooling at [email protected] or 18843 US Highway 41 North Lutz, FL 33549.
INFORMATION COLLECTION AND USE
Our primary goal in collecting personally identifiable information is to provide you with the products and services made available through the Website, including, but not limited to our services, to communicate with you, and to manage your registered user account, if you have one.
INFORMATION COLLECTED UPON REGISTRATION:
If you desire to have access to certain restricted sections of the Website, you will be required to become a registered user, and to submit certain personally identifiable information to IERNA’s Heating & Cooling. This happens in a number of instances, such as when you sign up for our services, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your full name, email address, address, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile
USE OR CONTACT INFORMATION:
In addition, we may use your contact information to market to you, and provide you with information about our products and services, including but not limited to our services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
LOG DATA:
When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the website. you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to monitor the use of the Website and of our Service, and for the Website’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
COOKIES:
We use cookies and other technologies to passively collect demographic information, personalize your experience on our site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within web sites. We may link cookie information to personal information Cookies link to information regarding what items you have selected for purchase at our store or pages you have viewed. This information is used to keep track of your shopping cart and make sure you don’t see the same ad repeatedly. Also, we use cookies to deliver content specific to your interest and to monitor Website usage. Some of our sites use an outside ad company to display ads. These ads may contain cookies. Our ad companies collect cookies received with banner ads, and Company does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. Please note that this privacy policy covers the use of cookies by IERNA’s Heating & Cooling only and does not cover the use of cookies by any advertisers.
OTHER TECHNOLOGIES:
Other technologies used include clear GIFs. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web—based document, or in an e—mail message. Clear GIFs are invisible to the user because they are typically very small (only l—by—1 pixel) and the same color as the background of the web page, document or e—mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may collect this information to a user to personalize the user experience and for statistical analysis of user experiences on our web pages. For more information about behavioral targeting visit www.youradchoices.com which will explain behavioral targeting in more detail, and will allow you to opt–out of being targeted for any behavioral advertising by any member of the Internet Advertising Bureau, including hibu.
LAW ENFORCEMENT:
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of IERNA’s Heating & Cooling or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
BUSINESS TRANSFERS:
We may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.
This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third–party vendors, including Google, use cookies to serve ads based on someone’s past visits to the IERNA’s Heating & Cooling website. Any data collected will be used in accordance with our privacy policy and Google’s privacy policy.
Text Communications
Original customer text, carriers requested that the highlighted section be added for compliance:Additionally, we may ask you to voluntarily provide personally identifiable information (PII) in a few circumstances. For example, when you purchase items, we will ask you to voluntarily provide certain PII, such as, your name, address, telephone number, e-mail address, and credit card number. We need this information to process and fulfill your order and notify you of order status. Other examples of when we may ask you to voluntarily provide PII include if you subscribe to our email program (information such as your name and e-mail address), choose to provide us preference information (such as interests, product preferences, and items purchased), or when you enter a sweepstakes or promotion (information such as name, address and telephone number). Information obtained from the short code opt-in will not be shared with third parties for their own marketing purposes.
How does IERNA’s Heating, Cooling & Plumbing use the information it collects?
In addition to the uses described in the above sections, IERNA’s Heating, Cooling & Plumbing may use the information to fulfill product orders; to fulfill your requests (such as contact us, email a friend or shipping updates,); to contact you or the product recipient(s) in the event of order or delivery difficulties; to serve site content; to provide marketing communications regarding our products, services and promotions to you (including sending cart abandonment emails) and to people in your account; to analyze your activity with us, including interaction with our Websites, the effectiveness of our advertising and your purchases; to personalize our communications to you; to respond to your inquiries; to update information maintained in your online profile; to conduct surveys, sweepstakes or contests; and to develop our products, services, and Websites. We may also use the information that we collect under this Privacy Policy for the purpose of providing personalized content across different Internet browsers or devices that you use to access our Websites and mobile applications. All above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties or partners.
What type of information does IERNA’s Heating, Cooling & Plumbing collect?
First, when you visit our site, we may collect non-personally identifiable information from you. Through the use of computer “cookies” (small pieces of information that are stored by the browser on your hard drive), we collect data, such as your IP address, browser type, domain name, and specific IERNA’s Heating, Cooling & Plumbing web pages through which you click. The cookies that are configured by us do not contain any personally identifying information, such as your name, or sensitive information, such as your credit card number. This data is collected automatically, and utilized in aggregate to help us look for trends so that we can improve our website and your IERNA’s Heating, Cooling & Plumbing experience. The cookies also allow us to recognize you when you return to our site and to provide you with a customized experience that we feel will be of value to you. Cookies are also used to trigger cart reminder text messages.
Terms of Service
Short Code SMS Texting
- When you opt in to the service, we will send you an SMS message to confirm your signup. Once confirmed, you may receive promotional messages and special offers, as well as service or appointment reminders and confirmations. Messaging frequency varies.
- You can cancel this service at any time. Just text “STOP” to 74026. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to 74026. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile
Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Carriers are not liable for delayed or undelivered messages.
For all questions about the services provided by this short code, you can send an email to [email protected]
- If you have any questions regarding privacy, please read our privacy policy: https://www.iernaair.com/privacy-policy/
Dispute Resolution Policy
NOTICE: BY VISITING AND/OR USING THIS WEBSITE AND SUBMITTING ANY INFORMATION THROUGH OR VIA THIS WEBSITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION BELOW DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF FEDERAL LAW.
Going forward, “We” refers to (i) you, as the visitor to this website, and (ii) IERNA’s Heating & Cooling (“IERNA’s”), together. “I” refers to you, as the visitor to this website.
We agree that all disputes, claims, or controversies (hereafter referred to as a “claim”) arising under or relating to my use of (a) this website, (b) my entering of information or data into the forms contained on this website, or (c) any agreement between me and IERNA’s and/or its authorized dealers (“our agreement”), including by way of example and not as a limitation: (i) the relationships resulting from our agreement, calls, texts or emails made to me or sent to me and any the work and transactions arising as a result thereof including any federal or state statutory or regulatory claims; (ii) the breach or alleged breach of our agreement; or (iii) the validity or enforceability of our agreement, or (d) the validity or enforceability of this arbitration of disputes provision (“provision”), shall be subject to arbitration in accordance with this provision.
I agree that I will assert a claim only on behalf of my own self and that I will not assert a claim on behalf of, or as a member of, a class or group in either an arbitration proceeding, a private attorney general action, or in any other forum or action. Notwithstanding any other language in this provision, only a court, not an arbitrator, will decide claims about the validity, enforceability, coverage, or scope of this provision or any part of this provision. However, any claim that concerns the validity or enforceability of this provision as a whole is for the arbitrator, not a court, to decide. If a court determines that this provision is not fully enforceable, the court’s determination shall be subject to appeal. This provision does not apply to any lawsuit or administrative proceeding filed against IERNA’s by a state or federal government agency, even when such agency is seeking relief on behalf of a class of consumers. This means that IERNA’s will not have the right to compel arbitration of any claim brought by such an agency.
Any claim may, at the option of either IERNA’s or me, be adjudicated by final and binding arbitration by one arbitrator in accordance with the code of procedure of the FORUM (“FORUM”) in effect at the time the demand for arbitration is made. Notice of the demand for arbitration shall be filed with FORUM by the party asserting the claim, and the demand shall be copied to the other party to this provision. Further information may be obtained, and claims may be filed, at any office of FORUM, www.adrforum.com, or by mail at 6465 Wayzata Blvd., Suite 480, Minneapolis, MN 55426, Attn: Case Coordinator. If FORUM is unable or unwilling to arbitrate the claim, the parties shall utilize JAMS, 620 Eighth Avenue, 34th floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If JAMS is unable or unwilling to arbitrate the claim, then the court may appoint an arbitrator.
The demand for arbitration shall be made by the party asserting or compelling the arbitration within a reasonable time after the claim in question has arisen, and in no event shall the demand be made after the date when the applicable statute of limitations would bar institution of legal or equitable proceedings based on such claim. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. The arbitration shall be held and arbitrated in the county and state in which I reside.
We hereby agree that this provision involves interstate commerce and is governed by the Federal Arbitration Act (“FAA”). Accordingly, this provision is governed by the FAA, 9 U.S.C. sections 1 et seq. The appointed arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same federal law or the law of the state in which the services were primarily rendered for substantive law and law of remedies and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. Participation by any party in the arbitration may take place by telephone. If the arbitration forum’s rules conflict with this provision, this provision will control.
Any claim may, at the option of the party receiving the demand for arbitration (the party not asserting the claim), be first submitted to a non-binding mediation process governed by the then-applicable rules of mediation established by the arbitration forum. The mediation shall be elected within seven days of receipt of the demand for arbitration and completed within thirty days thereafter. The mediation itself shall not last more than fourhours, and the costs of the mediation, other than legal fees, which are to be borne by each party, shall be paid entirely by the party electing the mediation.
The parties shall share equally in any applicable filing fees and costs of the arbitration, unless I can reasonably establish to IERNA’s that I am financially burdened by paying the initial case or filing fees of the arbitration, in which case, IERNA’s shall be responsible for the initial case or filing fees. The findings of the arbitrator shall be final and binding on all parties to this provision and may include an award or reimbursement of filing fees that have been paid by one party or the other. Other than as required by law or as determined by the arbitrator in accordance with applicable law, each party shall be responsible for its own legal fees.
Any arbitration proceeding brought under this provision—and any award, finding, or verdict of or from such proceeding—shall remain confidential between the parties and shall not be made public. We shall allow and participate in discovery in accordance with the Federal Rules of Civil Procedure for a limited period of ninety (90) days after the filing of the answer or other responsive pleading. Unresolved discovery disputes may be brought to the attention of, and may be disposed of by, the arbitrator. Either IERNA’s or I may bring an action in any court of competent jurisdiction, if necessary, to compel arbitration under this provision, to obtain preliminary relief in support of a claim to be adjudicated by arbitration, or to enforce an arbitration award. A judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. If any term or clause of this provision is found to be unenforceable or in violation of applicable state law, we shall treat this provision as if that term or clause did not exist, and the remainder of this provision shall remain in full force and effect, other than as discussed previously regarding the waiver of class or representative actions being appealable.
No arbitration proceeding brought under this provision shall include by consolidation, joinder, or in any other manner any other person or entity who is not a party to this provision unless (i) the inclusion of such person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and/or such other person or entity is substantially involved in a question of law or fact that is common to those who are already parties to the arbitration and that will arise in such proceeding; and (ii) the written consent of the other person or entity sought to be included and the written consent of each party to this provision has been obtained for such inclusion.
We hereby agree to choose arbitration, rather than litigation or some other means of dispute resolution, to address our grievances or alleged grievances, with the expectation that this resolution process may be more cost-effective and expedient for the parties than litigation. By entering into this provision, both parties are giving up theirconstitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration, except that if there is a small claims court (or an equivalent type of court) located within the county and state in which I reside, then I may, in accordance with the rules of that small claims court, choose to bring (and must then keep) my own claim in that small claims court.