Gradian Thermal Solutions Privacy Notice

Introduction

This Privacy Notice describes the types of information Gradian Thermal Solutions (“we,” “our,” or “us”) may collect from you or that you may provide when you visit https://www.gradiansolutions.com (our “Website”) or otherwise interact with any of our other services that link to this notice, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This notice applies only to information we collect through the Website, including in communications between you and the Website such as email, text, chat, and other electronic messages. It does not apply to information collected by us offline or through any other means that does not link to this notice, or by any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Privacy Notice. This notice may change from time to time (see Changes to This Privacy Notice). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check this notice periodically for updates.

Children’s and Minors’ Data

Our Website is not intended for children under the age of 16. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Website or through any of its features, including your name, address, telephone number, email address, or any other information by which you might be identified. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@gradiansolutions.com.

Personal Information We Collect

We collect and use different types of information from and about you, including:

• Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual (“Personal Information”).
• Non-personal information that does not directly or indirectly reveal your identity, such as demographic information, statistics, or aggregated information. We may derive non-personal statistical or aggregated data from Personal Information; for example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website feature.
• Technical information, including the Internet protocol (“IP”) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform. In some jurisdictions, an IP address is considered Personal Information.
• Non-personal details about your Website interactions, including full Uniform Resource Locators (“URLs”), clickstream information to, through, and from our Website (including date and time), products viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from the page.

Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated information.

If we combine or connect non-personal, demographic, or technical data with Personal Information so that it directly or indirectly identifies an individual, we treat the combined information as Personal Information.

How We Collect Your Personal Information

Direct Collection of Personal Information

The information we collect on or through our Website, or directly from you through other means, may include:

• Information that you provide by filling in forms on our Website.
• Records and copies of your correspondence (including email address) if you contact us.
• Your search queries on the Website.
• Information submitted when you report a problem with our Website.
• Information submitted when you request further services.
• Your responses to surveys that we might ask you to complete.
• Information used to subscribe to one or more of our services.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Information provided while using any other interactive features of our Website.

Automated Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, logs, location data, other communication data, and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Recognize you when you return to our Website.
• Speed up your searches.
• Estimate our audience size and usage patterns.

We may use the following automatic data collection technologies on the Website:

• Cookies. We may collect information automatically using cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For further information, visit https://allaboutcookies.org.
• Tracking Pixels and Web Beacons. Pages of our Website and our emails may contain small electronic files known as tracking pixels or web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Behavioral Tracking. We also may use these technologies to collect information about your online activities over time, across devices, and across third-party websites or other online services (“Behavioral Tracking”). Email us at privacy@gradiansolutions.com for information on how you can opt out of Behavioral Tracking on our Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about Behavioral Tracking.

Information From Business Partners and Other Third Parties

Some content or applications on the Website, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons, location, or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information, or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the provider responsible for that advertisement or other targeted content directly.

How We Use Your Personal Information

We use information that we collect about you or that you provide to us, including any Personal Information, to:

• Present our Website and its contents to you.
• Provide you with information, products, or services that you request from us.
• Fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote 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.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Send your data to, and use resulting information from, credit reporting agencies to prevent fraudulent purchases when processing orders for products or services.
• Fulfill any other purpose for which you provide it.
• Notify you about changes to our Website or any products or services we offer or provide through it.
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Website users is among the assets transferred.
• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• Carry out any purpose described to you when we collected your Personal Information.
• Allow you to participate in interactive features on our Website.
• Any other purpose with your consent.

We may also use your information to contact you about our goods and services that may be of interest to you. If you have agreed to receive marketing, you may always opt out at a later date. If you no longer wish to be contacted for marketing purposes, please contact us at privacy@gradiansolutions.com.

Who We Disclose Your Personal Information To

We may share your Personal Information by disclosing it to a third party for a business purpose. We may also share your Personal Information by selling it to third parties, subject to your right to opt out of those sales if you live in certain states. For more information regarding your rights to opt out of sales of your Personal Information if you live in certain states, see Your State Privacy Rights below.

We may also share your Personal Information:

• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Website users is among the assets transferred.
• To enforce or apply our terms of use found at https://www.gradiansolutions.com/terms-of-use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gradian Thermal Solutions, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may share non-personal information without restriction.

Your Rights and Choices

Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. If you disable or refuse cookies or similar tracking files, some features of our Website may be inaccessible or not function properly. Some browsers include a “Do Not Track” (“DNT”) setting that can send a signal to the online services you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Website may not respond to all browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described in this notice.

Promotional Offers

If you do not wish to have your contact information used to promote our products or services, you can opt out by sending us an email stating your request to privacy@gradiansolutions.com. If we have sent you a promotional email, you may reply to it with a request to be excluded from future email distributions. This opt-out does not apply to information provided to us as a result of registration, account management, services provided, or other transactions.

Targeted Advertising by the Company

If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target audience preferences, you can opt out by sending us an email stating your request to privacy@gradiansolutions.com.

Disclosure of Your Information for Third-Party Advertising

If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt out by sending us an email stating your request to privacy@gradiansolutions.com. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at https://optout.networkadvertising.org/?c=1.

Accessing and Correcting Your Personal Information

You may send us an email at privacy@gradiansolutions.com to request access to, correct, or delete Personal Information that you have provided to us. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. If we cannot delete your Personal Information except by also deleting your user account, we will delete your user account upon request to delete your Personal Information.

Your State Privacy Rights

Residents of Certain States

Certain states provide (now or in the future) their residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.
• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising;
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects.
• Either limit (opt-out of) or require consent to process sensitive personal data.

The states that provide (now or in the future) their residents with the above rights include:

• California
• Colorado
• Connecticut
• Delaware
• Florida
• Indiana
• Iowa
• Kentucky
• Maryland
• Minnesota
• Montana
• Nebraska
• New Hampshire
• New Jersey
• Oregon
• Rhode Island
• Tennessee
• Texas
• Utah
• Virginia

The exact scope of these rights may vary by state and there are exceptions under which we may not be obligated to fulfill a given request. To exercise any of these rights please email us at privacy@gradiansolutions.com. To appeal a decision regarding a consumer rights request, please email us at privacy@gradiansolutions.com with a description of the initial request and the reason why you believe our determination regarding the request was incorrect.

Nevada Residents

Nevada provides its residents with a limited right to opt out of certain Personal Information sales. Residents who wish to exercise this sale opt-out right may submit a request by emailing us at privacy@gradiansolutions.com.

Global Privacy Control

Some browsers and browser extensions support the Global Privacy Control (“GPC”), which can send a signal indicating your request to opt out of certain types of data processing, including data “sales” as defined under certain state laws. When we detect a GPC signal, we will make reasonable efforts to respect the choice it indicates, as required by applicable law.

How We Protect Your Personal Information

We employ physical, procedural, and technological security measures to help protect your information from unauthorized access or disclosure. We may use encryption, passwords, and physical security measures to help protect your information against unauthorized access and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Retention of Your Personal Information

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Changes to This Privacy Notice

We reserve the right to amend this Privacy Notice at our discretion and at any time. It is our policy to post any changes we make to this notice on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Website home page. The date this notice was last revised is identified at the top of the page. When we make changes to this notice, we will post the updated notice on the Website and update the notice’s effective date. You are responsible for periodically visiting our Website and this notice to check for any changes. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Gradian Thermal Solutions collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights, please do not hesitate to contact us by:

• Emailing us at privacy@gradiansolutions.com
• Mailing us at Gradian Thermal Solutions, 10700 73rd Place N, Maple Grove, MN 55369
• Emailing us at info@gradiansolutions.com for general (non-privacy) inquiries
• Calling us at 763-312-1011