Privacy Policy

Dated January 25, 2025

FRIGID DYNAMICS LLC

 

PRIVACY POLICY

Introduction

Frigid Dynamics LLC (the “Company”, “we”, “us” or “our”, indistinctly) respect your privacy and are committed to protecting it through our compliance with this policy. This privacy policy (“Policy”) describes the types of information we may collect from you or that you may provide when you visit the Company’s website https://frigiddynamics.com/ (the “Website”) and our practices for collecting, using, maintaining, storing, protecting, and disclosing that information.

This Policy applies to information we collect (i) on the Website, (ii) in email, text and other electronic messages between you and the Company, and (iii) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

The Policy does not apply to any information collected by: (i) the Company offline or through any other means, including on any other website operated by the Company or any third party, or (ii) 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 AND CAREFULLY REVIEW THIS POLICY 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 AND SERVICES. By using or accessing the Website and any other related services offered by us (collectively, the “Services”) in any manner, you agree to this Policy, and you hereby acknowledge that and consent to how we will collect, use, maintain, store, protect and disclose your information in the ways described in this Policy.

From time to time, the Company may, at its sole discretion, update or modify this Policy without prior notice. Such updates or modifications will become effective upon the publication of the updated Policy on the Website. It is your responsibility to check the Website for updates. Your continued access or use of the Website and/or Services after such posting constitutes your consent and acceptance to the updated Policy.

Our Website is not intended for individuals under 16 years of age. No one under 16 years of age may provide any personal information to the Company on the Website.

Please note that any capitalized terms not defined in the Policy are defined within our Terms which you can find at https://frigiddynamics.com/terms-and-conditions/. The Company does not knowingly collect personal information from children under 18 years old. If you are between the ages of 13 and 18, do not use nor provide any information about yourself on this Website, register on the Website, and/or make any purchases through the Website without parental or legal guardian consent. If the Company learns we have collected or received personal information from a child under 18 without parental or legal guardian consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@frigiddynamics.com.

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Sections 9 and 10 hereinbelow for more information.

1. Information we collect and how we collect it.

We collect the following information directly from you when you provide it to us or automatically as you navigate through the Website:

• name, email address, telephone number (including business, mobile and home phone numbers), username, home, business, and billing addresses and zip code (“personal information”);
• your searches, transactions, and our interactions with you regarding the Products and Services offered by the Company pursuant to its Terms https://frigiddynamics.com/terms-and-conditions/;
• information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or requesting services from the Company. We may also ask you for information and when you report a problem with our Website; and
• records and copies of your correspondence (including email addresses), if you contact the Company.

The following information may also be collected through automatic data collection technologies:

• information about your device;
• internet connection;
• type of browser;
• usage details;
• IP addresses;
• operating system;
• details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website;
• behavioral data (e.g., content viewed/clicked). This is information about your online activities over time and across third-party websites or other online services; and
• demographic data (e.g., gender, age, interests).

For information on how you can opt out of behavioral tracking on the Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking, please see Section 5 hereinbelow.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties.

• Automatic Data Collection Technologies.

The technologies we use for the automatic data collection may include Cookies, in combination with pixels and similar technology (collectively, “Cookies”). Cookies or browser cookies are small files placed on the hard drive of your device that allow your browser or device to be recognized and inform how and when pages and features on a website are visited and by how many people and provide other related website statistics.

The Website uses Cookies to make it work properly and deliver a better personalized service. This allows us to estimate our audience size and usage patterns, store information about your preferences, customize our Website according to your individual interests, speed up your searches and recognize you when you return to our Website. By using our Website, you also consent to the use of Cookies. You do not need to allow Cookies to visit most of our Website. However, enabling Cookies may allow for a more tailored browsing experience.

You may refuse to accept Cookies by activating the appropriate setting on your browser. However, if you use your browser settings to block all cookies, 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 information about managing your privacy and security settings for cookies, see Section 5 hereinbelow.

If cookies are deleted, the information collected prior to the preference change may still be used, however, the Company will stop using the disabled cookie to collect any further information from your experience.

2. Third-Party use of Cookies.

 

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use Cookies to collect information about you when you use the 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.

This Policy does not cover the use of cookies by any third parties, and the Company is not responsible for their privacy policies and practices. Should you have any questions about their policies and practices, you should contact the responsible provider directly or review the corresponding privacy policies in their own websites. For information about how you can opt out of receiving targeted advertising from many providers, see Section 5 hereinbelow.

3. How we use your information.

We use your information, either collected or provided to us, including any personal information for the following purposes:

• Provide you with information, Products or Services that you request from us;
• Provide you with notices about your account;
• Contact you (such as by text message (SMS), email, phone calls, mail, or push notifications) to provide information about your Order Forms, purchase orders, updates on orders and services, production and deliveries of Products, changes and cancellations, refunds and other related matters to the Products purchased by you or Services requested by you to the Company;
• Enable and facilitate acceptance and processing of payments, other transactions, and verification of your identity. The Company process payments through a licensed third-party service provider;
• Carry out Company’s obligations and enforce Company’s rights arising from any contracts entered into between you and the Company;
• Notify you about changes to our Website or any Products or Services we offer or provide through it;
• Respond to your questions and requests for information;
• Collect and enable customer feedback, service-related reviews, and comments;
• Comply with applicable laws, protect our and our users’ rights and interests, defend ourselves, and respond to law enforcement, other legal authorities, and requests that are part of a legal process;
• Operate our business using lawful business purposes and as permitted by law; and
• For any other purpose with your consent.

The Company may also use your information to contact you about the Company’s own Products and Services that may be of interest to you. If you do not want the Company to use your information for such purpose, check the relevant box located on the form on which we collect your data (i.e. the Order Form) or adjust your user preferences in your account profile. Please see Section 5 hereinbelow.

 

All information collected from you will be subject to the Company’s Terms, which can be found at https://frigiddynamics.com/terms-and-conditions/.

 

3.1 Communications.

In the event you provide your mobile phone number on the Website, you agree to receive text messages regarding your Order Form, purchase orders and other order-related services or concerns.

If you opt in to receive marketing updates from the Company via SMS, you will receive text messages about Products, promotions and Services available to you. Additionally, when you send text messages to us, we may collect your messaging history, and any information included in those messages.

You can cancel the SMS service from the Company any time by texting “STOP” to any SMS received from the Company. Upon receipt of your “STOP” message, we will send you a confirmation SMS to confirm that you have been removed from our SMS messaging service. After this confirmation, you will no longer receive SMS messages from the Company. If you experience issues with the Company’s text messaging program, you can contact us via email at info@frigiddynamics.com.

Please be aware that carriers are not liable for delayed or undelivered messages. Standard message and data rates may apply for messages sent to or received from the Company. If you have any questions about your text or data plan, please contact your wireless provider.

 

3.2 Interest-based advertising / behavioral advertising.

 

The Company uses interest-based advertising to:

• Customize content that we believe may be of your interest based on your usage patterns.
• Create aggregated, anonymized or deidentified data, which we may use and disclose without restriction where permitted by law.

You may encounter Company advertisements on other websites or mobile applications as a result of our participation in advertising networks and platforms. This enables us to target our messaging to users based on various factors, including demographic information, inferred interests and browsing context. Additionally, it allows us to evaluate the effectiveness of our marketing strategies and measure the reach of our advertisements.

We do not control how third parties’ collect or use of your information for interest-based advertising. However, these third parties may offer you options to opt out to having your information collected or used for this purpose. You can choose to opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

 

4. Disclosure of your information.

 

We may disclose your personal information and information that does not identify any individual without restriction as follows:

• To our subsidiaries and affiliates. The Company’s subsidiaries and affiliates may access, share and use your information as described in this Policy;

• To third-party service providers. The Company engages service providers to perform tasks on its behalf related to delivering Products and services and supporting business operations, such as processing credit card payments and repairing Products. The use of the information by service providers is strictly limited to the services required and the purposes for which the information was disclosed to them.

         The Company does not collect, store or share any credit card or payment information. When you provide your credit card and payment details, this information is processed directly by third-party service providers.

         Your payment will be processed by Square or another Payment Card Industry Data Security Standard (PCI DSS) Level 1 compliant service provider, in accordance with the highest industry standards and PCI compliance guidelines. The service provider will collect, use, process and share your payment and billing information, including your credit card number, expiration date and CVC in accordance with its own Privacy Policy.

         The service providers assisting the Company with product repairs will solely use your information to process the repair and deliver the repaired product. These services providers may also contact you directly regarding the repair;

• To third parties to market their products or services to you if you have not opted out of these disclosures;

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or any other sale or transfer of some or all of Company’s assets. This includes situations where personal information about you and other users and customers, held by the Company, is among the assets transferred, whether as part of a going concern, bankruptcy, liquidation, or similar proceeding;

• For any other purpose disclosed by the Company when you provide the information;

• With your consent;

• To comply with any court order, law, or legal process;

• To respond to any government or regulatory request;

• To enforce or apply the Company’s Terms https://frigiddynamics.com/terms-and-conditions/ and other agreements; and

• To protect rights, property or safety of the Company, its customers, users, employees or others.

 

5. Your rights on the use and disclosure of your information.

 

The Company provides the following mechanisms for you to enforce rights of control over your information:

• Automatic data collection technologies and Advertising. You can configure your browser to refuse all or certain Cookies, or to notify you when Cookies are being sent. Please note that if you disable or refuse Cookies, some parts of the Website may become inaccessible or may not function properly.

• 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 promotional purposes, you can opt-out using one of the following methods:

 

1. Check the relevant box opting-out on the form where we collect your data, such as the Order Form;
2. Log in to your profile account on the Website and adjust your user preferences; or
3. Send us an email with your opt-out request at info@frigiddynamics.com.

• Promotional Offers from the Company. If you prefer not to have your email address and/or cellphone number used by the Company to promote our own or third-party products or services, you may opt out by using one of the following methods:

 

1. Check the relevant box opting-out on the form where we collect your data, such as the Order Form;
2. Log in to your profile account on the Website and adjust your user preferences; or
3. Send us an email with your opt-out request at info@frigiddynamics.com.

 

Please note that opting out may limit your access to certain promotional offers or services.

This opt-out does not apply to information provided in relation to product purchases, deliveries, Warranty Service, product servicing, or other transactions.

• Targeted Advertising. If you do not want us to use information that we collect or that you provide us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by using one of the following methods:

1. Check the relevant box opting-out on the form where we collect your data, such as the Order Form;
2. Log in to your profile account on the Website and adjust your user preferences; or
3. Send us an email with your opt-out request at info@frigiddynamics.com.

 

6. Security and Storage of Information.

 

The Company stores information in a form that allows us to identify you only for as long as necessary to fulfill the purposes for which it was collected, or until you revoke consent, unless there is another legal basis for retaining it. Such bases may include complying with legal, tax, accounting, financial reporting, or other regulatory obligations, or fulfilling contractual commitments with our business partners. Where retention is required, we do so in accordance with applicable laws governing record retention.

The Company has implemented measures designed to protect your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The Company stores your personal information on secure, cloud-managed platforms and uses commercially reasonable tools to protect against unauthorized system access. Access to this information is limited to the Company’s employees and service providers who need it to perform their duties.

While we strive to protect the privacy of your account and personal information, we cannot guarantee absolute security. Unauthorized access, hardware or software failures, and other factors may compromise the security of your information at any time.

7. Accessing and Correcting your information.

 

You can review and update your personal information by logging into the Website and visiting your account profile page.

Alternatively, you can email us at info@frigiddynamics.com to request access to, correction of, or deletion of any personal information you’ve provided. Please note that we can only delete your personal information if we also delete your user account. We may not be able to fulfill a request to modify your information if we believe the change would violate any applicable laws or legal requirements or result in inaccurate data.

The proper use and access to information provided on the Website is governed by the Company’s Terms.

 

8. Removal of your information.

 

Upon request, we will remove your name and any personal information you have provided to the Company. To request the deletion of your information, please contact info@frigiddynamics.com. The Company will review and address such requests promptly, though we may choose not to delete information if it is necessary for legal compliance or if we have a legitimate reason to retain the information. Please note that complete deletion may not be possible due to backups or records of deletions. Additionally, if you request the removal of your information, certain features of the Website and services may no longer be available to you. Requests to remove de-identified, anonymous, or aggregated data from our databases will not be considered nor applicable.

 

9. Your State Privacy Rights

 

State consumer privacy laws may provide their residents with additional rights regarding the Company’s use of their personal information. California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state 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 processing purpose (excluding Iowa and Utah);
• Data portability;
• Opt-out of personal data processing for:
  1. targeted advertising (excluding Iowa);
  2. sales; or
  3. profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah);
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please send an email to info@frigiddynamics.com.

10. Age of users; Compliance with COPPA.

 

We do not knowingly collect personal information (as defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) from anyone under the age of 18 in a manner not permitted by COPPA.

Children under the age of 13 are not permitted to use, access, or register on the Website in any capacity.

Minors aged 13 or older, but under 18, may only share personal information with the Company under the supervision of a parent or legal guardian who agrees to be bound by this Policy.

If we become aware that we have collected personal information from a child (i) under the age of 13, or (ii) between the ages of 13 and 18 without the required parental or guardian supervision, we will promptly delete that information.

If you are a parent or guardian and believe we have collected information from your child in violation of applicable laws, please contact us at info@frigiddynamics.com. The Company will take appropriate action to remove the data as required by law.

We do not knowingly “sell” the personal information of minors under 16 years old who are California residents without their explicit consent. If you are a California resident under 18 and registered to use the Website, you may request the removal of any content or information you have posted. To submit a request, email us at the address provided in Section 12 hereinbelow, specifying what you would like removed. The Company will make reasonable efforts to remove the content, but we cannot guarantee complete removal and may retain the content as necessary to comply with legal obligations, resolve disputes, and enforce the Company’s agreements.

 

11. Changes to Our Privacy Policy

 

The Company reserves the right to modify this Policy at its sole discretion, without prior notice. Any changes to the Policy will be posted on the Website. If we make material changes to how we treat users’ personal information, we will notify you through a notice on the Website home page. The date of the last modification will be displayed at the beginning of this Policy. It is your responsibility to periodically review this Policy and the Website for any updates. By continuing to access or use the Website, Products or Services, you acknowledge and agree to be bound by any modifications to the Policy.

 

12. Contact information.

If you have questions or comments regarding this Policy and our privacy practices, please contact us at info@frigiddynamics.com. Additionally, to register a complaint or concern, please send us an email to info@frigiddynamics.com, for us to address the issue and assist you promptly.