Privacy Notice, Website Terms, and Other Legal Documents - Rheem

Privacy Notice

Rheem Manufacturing Company Privacy Notice

Effective Date: April 1, 2023

1. INTRODUCTION.

2. WHEN DOES THIS PRIVACY NOTICE APPLY.

3. PROCESSING OF YOUR PERSONAL DATA.

4. SHARING OF PERSONAL DATA.

5. INTERNATIONAL DATA TRANSFERS.

6. HOW IS MY PERSONAL DATA SECURED.

7. RETENTION OF PERSONAL DATA.

8. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS.

9. SHINE THE LIGHT LAW.

10. ADDITIONAL RIGHTS FOR NON-U.S. RESIDENTS.

11. IDENTITY OF THE CONTROLLER OF PERSONAL DATA.

12. YOUR RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY.

13. CHILDREN’S PERSONAL DATA.

14. UPDATES TO PRIVACY NOTICE.

15. CONTACT US.

1. INTRODUCTION

1.1 This Privacy Notice (“Notice”) describes the information that Rheem Manufacturing Company and its subsidiaries and affiliates (collectively, “Rheem”, or “we”) collects, uses, shares and stores about you, including personal data, and provides guidance and information regarding our processing of personal data. For purposes of this Notice, Data Protection Legislation generally defines “personal data” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person.

1.2 We are committed to protecting and respecting your privacy. This Notice sets out the legal bases we rely on when processing any personal data we collect from you that you provide to us, either directly or through our trusted partners, or that we obtain from others. Please read this Notice carefully to understand how we process personal data about you.

1.3 In this Notice, references to “you” means the person about whom we collect, use and process personal data.

1.4 We will use personal data about you only for the purposes and in the manner set forth below, which describes the steps we take to ensure that our processing of personal data complies with U.S. laws and regulations, including the California Privacy Rights Act (“CPRA”), Canadian Privacy laws and regulations, as well as with European Union Law, including Regulation (EU) 2016/679, known as the General Data Protection Regulation GDPR, any subsequent amendments or successor laws thereto, and if applicable any local national laws implementing the GDPR (collectively referred to as “Data Protection Legislation”).

1.5 We seek to maintain the privacy, accuracy, and confidentiality of data (including personal data about you) that we collect and use.

2. WHEN DOES THIS PRIVACY NOTICE APPLY

2.1 This Notice applies to personal data that we collect, use, disclose and otherwise process about you in connection with your relationship with us. This includes personal data we collect about you, or you provide to us, through our websites, mobile applications, or call centers; through product registrations; and through any other online or offline methods through which we communicate with you, as well as when we obtain personal data about you from a third party. It does not apply to Rheem employees or to those applying for jobs with Rheem. While this Notice is inter alia designed to comply with privacy requirements across the United States, it is not meant to imply that all state privacy laws necessarily apply, or apply across all categories of personal data.

3. PROCESSING OF YOUR PERSONAL DATA

3.1 The personal data we collect about you helps us provide the best possible support for your products, optimize your use of our websites and mobile applications, and show advertisements to you based on your interests. In addition, we are required to process certain personal data for legal, regulatory, tax and auditing purposes. The personal data we collect, the basis for our processing, and the purposes of our processing, are detailed below. Sometimes, these activities are carried out by third parties (see “Sharing of Personal Data” section below).

3.2 You are not required to provide all the personal data described below to us; however, if you choose not to do so, we may not be able to offer you certain services and related features. You may provide personal data to us in various ways. The types of personal data we may obtain includes the following:

¹ Note: The collection, use and disclosure of personal data for individuals subject to Canada’s privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), are based solely on the consent principal.

Personal data we process / Collect	Basis of processing	Purpose of processing / Collection
If your product is registered with us by you, or via contractors or plumbers, we will collect your name, postal address, email address, telephone number, or other identifiers by which we may contact you online or offline. We will also maintain this information with your purchase history.	It is necessary for the performance of our contract with you to provide warranty service (including any potential recalls) as necessary.	This is required to register your product or to provide you with service under the warranty, including any recalls.
If you purchase an extended warranty, or make a claim under any warranty, we will collect your name, postal address, email address, telephone number, or other identifiers by which we may contact you online or offline, purchase history, installation information, and credit card or other payment details.	It is necessary for the performance of our contract with you if you purchase an extended warranty or make a claim under any warranty.	This is required to provide extended warranties to your purchased products, and to process and fulfill claims in connection with our products and to inform you of the status of claims.
If you sign up for a contest or promotion, we will collect your name, email address, telephone number, product interest, and postal address.	Consent.	This is required to enter you into the contest or promotion you have chosen to participate in.
If you correspond with us, we will collect your name, contact details, and the details of your correspondence.	We collect this information because in some cases it is necessary for the performance of a contract with you, and in other cases when it is in our legitimate business interest to do so, depending on the nature of the correspondence.	We retain this information to keep track of our communications with you, to respond to your requests and inquiries, and to provide you with the best possible service
If you respond to any surveys, we will collect your name and your responses, some of which may include personal data.	We retain this information because it is in our legitimate business interest to do so.	We retain this information to understand how you use our products to improve our products and services, for developing new products and features, and to administer your participation in surveys and market research.
If you access our websites, we will collect non-persistent information about your computer equipment, device IP address, operating system, browser type, and browsing behavior including the details of your visits to our website, web traffic data, location data, and logs.	We process this information based on our legitimate business interests, or with your consent.	We process this information to enable and monitor your use of our websites and services, and to improve those services. We also collect this information so you will not have to re-enter it when you use our services, and also track and understand how you use and interact with our websites and applications, and also to tailor our services around your preferences and to enable us to manage and enhance our services.
If you access our websites, we will collect persistent information, including your device IP address, domain name, identifiers associated with your device, device and operating system type, and characteristics, web browser characteristics, language preferences, clickstream data, your interactions with our products and services, the pages that led or referred you to our websites or applications, dates and times of access, geolocation information, and other information about your use of our websites and applications.	We process this information based on your consent.	We use this information to provide you with interest-based (behavioral) advertising or other targeted content. For geolocation information, we use this information to understand where our products are used, and to respond to service requests or automatic service notifications.
Content you post in public areas of our websites, and 3rd party industry and social media sites.	We process this information based on our legitimate business interests. Please note that third party sites may have their own collection policies and processes, which we do not control.	We use this information to effectively communicate to you, respond to your requests or inquiries, and to better understand how our products are used.
If you use any Rheem App, we will collect identifiers such as your name, geolocation information, telephone number, email, IP address and the name or designation you give to your account. The app would also collect certain additional information about your connected products, including but not limited to usage history, functionality and other statistics.	We process this information on the basis of the performance of a contract, or on the basis of consent.	When you sign up for connected services, we use the information to administer your Rheem App account, manage its interaction with your connected products, and to send you fault alerts or status updates. We use geolocation information for various purposes including for you to be able to set your home location, and to determine the distance you are from your home location. This allows your equipment to save energy by only running when you are within a certain distance of your home location. This feature is completely optional and can be controlled from within your App.

Additional Information for California Residents

The personal information that we collect from you may include information within the below categories of data. These categories also represent the categories of personal data that we have collected over the past 12 months. Note that the “category of data” column listed below refers to the category of personal data as defined under the California Privacy Rights Act (“CPRA”). Inclusion of a category in the list below indicates only that we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category.

Please see section 3.3 for information on where we obtain the below information.

We disclose the below categories of information to our affiliates and service providers.

Category of Personal Data	Purpose of processing
Personal identifiers such as 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.	This data is necessary to: Set up and administer your account Offer you products or services that may be of interest to you Register you under our warranty program and to make repairs under the warranty Assess the success of our marketing and advertising campaigns Respond to your queries
Additional personal identifiers, including: Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, your 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.	This data is necessary to: Set up and administer your account Offer you products or services that may be of interest to you Register you under our warranty program and to make repairs under the warranty Assess the success of our marketing and advertising campaigns Respond to your queries
Characteristics protected by federal or state law, including: familial status, disability, sex, national origin, religion, color, race, sexual orientation, gender identity and gender expression, marital status, veteran status, medical condition, ancestry, source of income, age, or genetic information.	We collect this data to the extent necessary to accommodate any accessibility needs you may have if you come in to our facilities.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.	This data is processed to detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and for data analytics.
Sensory Information: Audio, electronic, visual, thermal, olfactory, or similar information.	A subset of this data is processed in connection with our closed-circuit television footage and system and building login and access records. It is also used to record customer service calls.

In addition to the information above, we also collect the following categories of sensitive personal information:

Category of Sensitive Personal Information	Purpose of processing
Account log-In, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.	We collect this information directly from you and it is necessary to open and maintain an account with us, as well as to pay for our goods and services

We only process sensitive personal information for those purposes necessary to provide this service.

3.3 Where does Rheem obtain personal data about me?

Information you provide:

We obtain personal data about you directly from you, or via contractors and plumbers who assist you, when you register a product, when you extend a warranty, and when you submit information to us via our websites or mobile applications. We may also collect personal data in the course of the performance of your contract with us or if you contact us via phone, email or direct messaging services provided by third-party social media platforms.

Information we collect automatically:

As discussed above, when you navigate through and interact with our websites or mobile applications or through email, we may use automatic data collection technologies to collect information about you. This includes browser cookies, Flash cookies, web beacons, device identifiers, server logs, and other technologies.

Some content or applications, including advertisements on our websites, 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 or other tracking technologies to collect information about you when you use our websites, but only with your consent. Third parties that collect such information may associate it with your personal data where permitted by law, or they may collect information, including personal data, about your online activities over time and across different websites and other online services. They or Rheem may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not track information about an individual consumer’s online activities over time and across third-party website or online services (i.e. cross-contextual behavioral advertising) except with your specific, opt-in consent. Accordingly, we do not monitor or take any action with respect to Do Not Track signals (including the Global Privacy Control signal). You may manage your preferences by visiting rheem.com.

Information we obtain about you from third parties:

We may receive personal data about you from contractors or plumbers who may assist you in registering your products and purchasing extended warranties.

We also send out mailings via the post office from public records.

4. SHARING OF PERSONAL DATA

4.1 We do not sell personal data for any commercial or marketing purposes, have not sold personal data in the preceding 12 months and will not sell personal data. We also do not share personal data for cross-context behavioural advertising.

4.2 The following are limited circumstances where we may share your personal data with third parties:

4.2.1 External vendors, service providers, and technicians who help with our data processing and storage;

4.2.2 In connection with a merger or sale of the company and/or parts of its assets, your personal data may be transferred as part of the merger or sale;

4.2.3 Contractors or plumbers who may assist you in registering your products or purchasing extended warranties, or performing diagnostics or service;

4.2.4 Third parties who you have requested information from us for purposes of financing or rebate information;

4.2.5 Affiliates, subsidiaries, divisions, and service providers who provide services to us or on our behalf;

4.2.6 Third parties who assist us in providing our products and services and to help us understand your use of our products;

4.2.7 External professional advisors;

4.2.8 Select third party vendors, business partners, conference sponsors/exhibitors and other companies so that they can send promotional materials about products and services (including special offers or promotions);

4.2.9 For any other purpose disclosed by us when you provide the information; and

4.2.10 With your consent.

We endeavour to require all service providers that we share personal data about you to provide assurances regarding the confidentiality and security of that information, including to only use such information for the purpose for which it was provided and in accordance with this Notice.

Sharing of personal data excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

4.3 We may also disclose your personal data:

4.3.1 To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.

4.3.2 To enforce or apply our terms of use and other agreements (including warranties) and for billing and collection purposes.

4.3.3 If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Rheem, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

4.3.4 To others, where it is permitted by law.

5. INTERNATIONAL DATA TRANSFERS

5.1 From time to time your personal data may be transferred, stored and processed in foreign countries, including the United States, with different privacy laws that may or may not be as comprehensive as the Data Protection Legislation in your home country or may not be subject to an adequacy decision (as applicable) by the European Commission or the United Kingdom. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of the that country may be able to obtain access to your personal data through the laws of the foreign country. For transfers of personal data to foreign countries, we take additional steps in line with all applicable laws, including European and Canadian Data Protection Legislation. We have put in place adequate safeguards with respect to the protection of your privacy, fundamental rights and freedoms, and the exercise of your rights. Whenever we engage a service provider in a foreign country, we require that its privacy and security standards adhere to this policy and applicable Data Protection Legislation.

6. HOW IS MY PERSONAL DATA SECURED

6.1 We operate and use reasonable administrative, technical and physical security measures to protect your personal data.

6.2 We have in particular taken security measures to protect personal data about you from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access, to personal data about you. Access is granted on a need-to-know basis to those employees and other people whose roles require them to process personal data about you.

7. RETENTION OF PERSONAL DATA

7.1 We will keep personal data about you for as long as it is necessary to fulfill the purposes for which we process it as described above in Section 3, or if we have another lawful basis for retaining the data beyond the period for which it is necessary to serve the original purpose for collecting the data. This may mean that we will retain some information about you for longer than we retain other information. The criteria we use to determine data retention periods for personal data includes the following:

7.1.1 Retention of user account details; we will retain it for a reasonable period after the relationship between us has ceased;

7.1.2 Retention in case of queries; we will retain it for a reasonable period after the relationship between us has ceased;

7.1.3 Retention in case of claims; we will retain it for the period in which it may be enforced; and

7.1.4 Retention in accordance with legal and regulatory requirements; we will consider whether we need to retain any additional period because of a legal or regulatory requirement.

7.2 Under some circumstances we may anonymize your personal data 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, including sharing it with utility companies, without further notice to you or your consent.

7.3 If you would like further information about our data retention practices, please contact us.

8. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS AND OTHER US STATE RESIDENTS

8.1 Depending on your residency, you may be entitled to the following rights under the California Consumer Privacy Rights Act (“CCPA”) or other US state privacy law, subject to certain conditions and limitations. We may choose to provide these rights, even if we are not required to do so.

8.1.1 RIGHT TO KNOW
You may request to receive, in a portable and, to the extent technically feasible, readily usable format:

(1) The categories of personal information
(2) The categories of sources from which the personal information is collected
(3) The business or commercial purpose for collecting or selling personal information
(4) The categories of third parties with whom we share the personal information
(5) The specific pieces of personal information we have collected about you (although note that we cannot provide you with sensitve personal information)

8.1.2 RIGHT TO DELETE

You may request that we delete any personal information about you which we have collected. If it is necessary for us to maintain the personal information for certain purposes, we are not required to comply with your deletion request. If we determine that we will not delete your personal data when you request us to do so, we will inform you and tell you why we are not deleting it.

8.1.3 RIGHT TO OPT-OUT OF SALE OR SHARING OF PERSONAL DATA

As stated above, we do not sell personal information or share it for cross context behavioral advertising.

8.1.4 RIGHT TO LIMIT THE USE OR DISCLOSURE OF SENSITIVE PERSONAL INFORMATION

As stated above, we only process sensitive personal information for necessary purposes.

8.1.5 NO DISCRIMINATION

You will not be discriminated against because you exercised any of these rights.

8.2 HOW TO SUBMIT A REQUEST

To exercise certain rights, you must submit a verifiable request to us by clicking here to submit a request via our web portal, or by contacting us directly at compliancemanager@rheem.com and providing the requested information.

To submit a verifiable request, you will be asked to provide certain information to help us verify your identity. The information we ask you to provide to initiate a request may differ depending upon the type of request, the type, sensitivity, and value of the personal data that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors. We may also require you to provide a written declaration that you are who you say you are.

You may designate an authorized agent to make a request to know or delete on your behalf by submitting a signed declaration of representation.

If we cannot verify your identity or authority to make the request, we will not be able to comply with your request. We will inform you if we cannot verify your identity or authority. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

We will notify you if we are unable to honor your request. Based on your residency, you may have the right to appeal our decision with regard to your request by contacting us directly at compliancemanager@rheem.com or by using the “Contact Us” details provided at the end of this Notice.

8.3 HOW WE COLLECT, USE AND SHARE PERSONAL DATA OF CONSUMERS

8.3.1 Categories of Personal Data and Business Purposes for Collection

The categories of personal data we have collected from Consumers in the past twelve (12) months and the business purpose(s) for collecting the information are listed above in Section 3.2.

8.3.2 The Sources of Collection

The sources from which we might collect personal data about you are listed above in Section 3.3.

8.3.3 Who We May Share Your Personal Data

The categories of third parties we may share your personal data with are listed above in Section 4.2

8.4 PERSONAL DATA OF MINORS

Rheem does not intentionally collect or process personal data about minors under the age of 16.

9. SHINE THE LIGHT LAW

Annually California residents may be able to request and obtain information that Rheem shared with other businesses for their own direct marketing use within the prior calendar year (as defined by “California’s Shine the Light Law”). If applicable, the information would include a list of categories of Personal Data that was shared with the names and addresses of all third parties that Rheem shared this information in the immediately preceding calendar year. To obtain this information under the Shine the Light Law, please send an email to compliancemanager@rheem.com with “California Shine the Light Privacy Request” in the subject line.

CONTACT FOR MORE INFORMATION

If you have any questions or concerns about Rheem’s Privacy Notice and practices, please contact our Chief Privacy Officer at Rheem Manufacturing Company, Attn: Chief Privacy Officer, 1100 Abernathy Road, Suite 1700, Atlanta, GA 30328 or call 770-351-3000.

10. ADDITIONAL RIGHTS FOR NON-U.S. RESIDENTS

You may have various rights under data protection legislation in your state or country (where applicable).

To the extent permitted by applicable law and subject to certain conditions, you may (1) seek confirmation regarding whether Rheem is processing personal data about you; (2) request access to the personal data that we maintain about you; (3) request that we update, correct, amend or erase or restrict information about you; or (4) exercise your right to data portability, by clicking here to submit a request via our web portal, or by contacting us directly at compliancemanager@rheem.com. In addition, you may object to Rheem’s processing of your personal data at any time; however, doing so may impact your use of the services that we provide. To protect your privacy, Rheem will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal data. We may ask that you provide us with your name, postal address, email address, telephone number, and/or equipment serial number.

Your right	What does it mean?	How do I execute this right?	Conditions to exercise?
Right of access	Subject to certain conditions, you may have a right to access personal data about you which we hold.	You may make a request for access to personal data via our web form by clicking here, or in writing to compliancemanager@rheem.com. Please specify the type of personal data you would like to access.	1. We must be able to verify your identity. 2. Your request may not affect the rights and freedoms of others. 3.We generally do not provide access to data we keep solely for data backup purposes. 4. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal data that we hold about you, or we may have destroyed, erased, or made your personal data anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Right of data portability	Subject to certain conditions and limitations, you may have the right to receive from us personal data which you have provided to us.	You may make a request for data portability via our web form by clicking here, or in writing to compliancemanager@rheem.com. Please specify the type of information you would like to receive.	Your right to data portability is limited. It applies only when: 1. our processing is based on your consent or on our contract with you; and 2. when our processing is done through automated means (e.g. not paper records); and 3. You provided us with the personal data at issue.
Rights in relation to inaccurate personal or incomplete data	You may challenge the accuracy or completeness of personal data about you. If the personal data is inaccurate, you may be entitled to have the inaccurate data removed, corrected or completed, as appropriate.	Please notify us of any changes regarding personal data about you as soon as they occur. You may make a request via our web form by clicking here, or in writing to compliancemanager@rheem.com.	This right applies only if our processing of personal data about you is based on our legitimate interests (see Section 3 above). Any objections must be based on your particular situation and must contain specific reasons.
Right to object to or restrict our data processing	Subject to certain conditions, you may have the right to object to or ask us to restrict the processing of personal data about you.	You may make a request via our web form by clicking here, or in writing to compliancemanager@rheem.com.	This right applies only if our processing of personal data about you is based on our legitimate interests (see Section 3 above). Any objections must be based on your particular situation and must contain specific reasons.
Right to have personal data erased	Subject to certain conditions, you may have a right to have your personal data erased e.g., where you think that the information we are processing is inaccurate, or the processing is unlawful.	You may make a request via our web form by clicking here, or in writing to compliancemanager@rheem.com .	We may not be in a position to erase personal data about you, for example when: 1. where we have to comply with a legal obligation; 2. in case of exercising or defending legal claims; or 3. where retention periods apply by law or regulations.
Right to withdrawal	You may have the right to withdraw your consent to any processing for which you have previously given that consent.	You may make a request via our web form by clicking here, or in writing to compliancemanager@rheem.com .	If you withdraw your consent, this will only take effect for the future.

11. IDENTITY OF THE CONTROLLER OF PERSONAL DATA

For the purposes of Data Protection Legislation, the Data Controller is Rheem Manufacturing Company, a U.S. organization with its principal place of business at 1100 Abernathy Road, Suite 1700, Atlanta, GA 30328.

12. YOUR RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY

Without prejudice to any other administrative or judicial remedy you might have, you may have the right under data protection legislation in your country (where applicable) to lodge a complaint with the relevant data protection supervisory authority in your country if you consider that we have infringed applicable data protection legislation when processing personal data about you. This means the country where you are habitually resident, where you work or where the alleged infringement took place.

13. CHILDREN’S PERSONAL DATA

The products and services that we offer are designed for a general audience and are not intended for children under the age of 16. We do not knowingly collect personal data from children under 16. If we learn we have collected or received personal data form a child under the age of 16, we will promptly delete the information.

14. UPDATES TO PRIVACY NOTICE

We reserve the right to change this Notice at any time in our sole discretion without prior notice to you to reflect changes. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our website and this Notice to check for any changes. We will indicate at the top of the Notice when it was most recently updated. Accordingly, please refer back to this Privacy Notice frequently as it may change.

15. CONTACT US

For further information or if you have any questions or queries about this Privacy Notice, please contact the Chief Privacy Officer, Law Department, Rheem Manufacturing Company, 1100 Abernathy Road, Suite 1700, Atlanta, GA 30328, or call (770) 351-3000. Alternatively, you may make a request via our web form by clicking here, or in writing to compliancemanager@rheem.com . We have procedures in place to receive and respond to complaints or inquiries about our handling of personal data, our compliance with this Notice and with applicable privacy laws.

ADA Accessibility Guidelines

Rheem Manufacturing Company and its subsidiaries are committed to ensuring effective communication and digital accessibility to all users. We are continually improving the user experience for everyone, and apply the relevant accessibility standards to achieve these goals. We welcome your feedback on the accessibility of any of the Rheem websites. Please let us know if you encounter accessibility barriers in accessing any area our website by contacting us at compliancemanager@rheem.com.

Website Terms

General Terms and Conditions

General.

Rheem Manufacturing Company and its affiliates (“Rheem”) provide this website and/or application as a service to its customers, prospective customers, distributors, dealers, and others. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of this website and/or application (the “Site,” “website” or “Application”) and any products purchased from Rheem from the Site (the “Products”).

Rheem reserves the right to change or delete the contents of this Application or website, including, but not limited to specifications or designs of its products at any time without notice. The “Application” shall mean the software provided by Rheem to offer services related to Rheem, Rheem’s services and its partners’ services, to be used on Apple® iOS and Android® OS and web accessible devices and any upgrades from time to time and any other software or documentation which enables the use of the application.

You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) or web access provider (“Web Provider”) will continue to apply when using the Site or Application. As a result, you may be charged by the Mobile Provider or Web Provider for access to network connection services for the duration of the connection while accessing the Site or Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone, computer or handheld device being used to access the Site or Application, you will be assumed to have received permission from the bill payer for using the Site or Application.

Acceptance of Terms and Conditions of Use. By accessing and using the Site or installing the Application, you acknowledge that you have read and agree to these Terms and Conditions. If you place an order for any Products with Rheem, you must indicate your consent to these Terms and Conditions prior to placing your order. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site or remove the Application from your device. Rheem may take any actions it deems appropriate, including, but not limited to, restricting your access to the Site, Application or Products if Rheem determines in its sole discretion that you have violated these Terms and Conditions.

Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. Rheem reserves the right to modify these Terms and Conditions at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Your continued access or use of this Site or Application constitutes acceptance of the Terms and Conditions stated at the time of access or use. Rheem may at any time and without prior notice revise these Terms and Conditions by updating this posting.

Purchase of Products.

a. Payment and Delivery. Prices for all Products are in [United States dollars] and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that Rheem may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Rheem reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Rheem for any reason, Rheem reserves the right to either suspend or cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for Products, and Rheem has no liability for any overdraft or other fees that you may incur as a result of Rheem processing your payment.

b. Order Acceptance and Confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Rheem reserves the right at any time after receipt of your order to accept or decline your order for any reason. Any and all orders accepted by Rheem are governed exclusively by the Rheem terms of sale applicable to the specific Product and these Terms and Conditions.

c. Sales Tax. Prices do not include, and you shall be responsible for, all applicable sales taxes for any Products you purchase.

d. Returns and Exchanges. Unless otherwise specified by Rheem on this website or Application or on the terms of sale for a Product, Rheem has a 60-day return policy. In order to qualify for a return or exchange, Rheem must be notified within 60 days, and have possession of the Product within the 60th day (from the date of receipt) of the Product purchase. After 60 days from the date of receipt, Rheem is not obligated by any means to replace the Product or refund any money paid for the Product for any reason. To return your Products, you must contact customer service at the number provide on the Site for further instructions. If the Products are successfully returned to Rheem in accordance with the terms herein, your account will be credited in approximately one to two billing cycles from the date Rheem receives the Products from you.

e. Installation and Repair Information. Many Products sold through this website or Application should be installed and repaired by qualified service professionals. Rheem strongly encourages you to refer to the use & care manual or installation manual of the Product for more information. This website or Application may contain general information to aid qualified service professionals in the repair of certain products and parts. The complete model number and serial number of the unit under repair should be specified when selecting and ordering replacement parts. Specifications and illustrations are subject to change without notice. Rheem assumes no responsibility or liability for acts or omissions, errors, mistakes, or negligence of the purchaser or any other person or entity. The purchaser is responsible for choosing the appropriate products and parts and must verify the proper and safe operation of equipment after the replacement of any original components.

Site Content.

a. Corporate Identification and Trademarks. All registered or unregistered corporate names, trademarks, service marks, logos, and other source-identifying designations (collectively “Marks”) used or referred to on this website or Application are the property of Rheem unless otherwise noted. Unauthorized use of the Marks is prohibited.

b. Proprietary Rights to Content. All content, including but not limited to information, all written materials, catalogs, photographs, computer programs, applications, computer code (including source code and object code), illustrations, artwork, designs, graphics, layout, data, logos, messages, the HTML code that Rheem creates to generate the Site, or other materials (collectively, “Content”) included on the Site or Application is the property of Rheem or content providers of Rheem and are protected by copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights and laws. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of Rheem and content providers of Rheem is granted to or conferred upon you. The downloading, reproduction, printing, copying, storage, or distribution of any Content, other than for non-commercial individual use, is strictly prohibited. The use of any Content for a commercial purpose, without the express written consent of Rheem, violates Rheem copyrights, trademark rights, and other intellectual property rights and may be a violation of federal law subject to criminal and civil penalties.

c. Third party content. Rheem claims no proprietary rights to, or affiliation with, any third-party trademarks or logos referenced or appearing on the Site or Application. You should not infer any affiliation, sponsorship or endorsement from the use of third-party marks on the Site or Application as such marks are used solely to designate certain products or services as belonging to their respective owners.

This Site or Application may contain portals or hyperlinks, or you may choose to link your product, to websites or applications operated by persons or entities other than Rheem. When you navigate or link your product to those third party sites or applications, the terms & conditions, licenses and privacy policy of that third party may apply, all of which may be different from Rheem’s. If you have any questions or concerns about the third party’s terms & conditions, licenses and privacy policy, please do not access its website from Rheem. Rheem does not capture any usernames, passwords or other data from any portals or third party applications, and Rheem does not capture or maintain any personal information that you may enter through portals or hyperlinks to third party websites or applications, or by linking your product to a third party’s application.

Please be aware that we do not monitor, endorse or accept responsibility for the content on such websites or applications, or the operator or operations of such websites or applications. You are solely responsible for determining the extent to which you may use any content at any other websites or applications to which you might link from this Site. You agree not to hold Rheem responsible for the content or operation at any other websites or applications to which you might link from this Site or to which you connect your product.

Mention on the Rheem Site or Application of any third-party company or website, or to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise, is for informational purposes only and does not constitute an endorsement, recommendation, approval, or certification by Rheem.

d. Disclaimer. THE SITE/APPLICATION INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE RHEEM DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION. RHEEM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Information Privacy and Security. Except as otherwise provided in these Terms and Conditions, Rheem seeks to protect the privacy of personal information you submit over the Site or Application. The information we obtain through your use on this Site or Application, including setting up your account, is subject to Rheem’s Privacy Notice. Please review the Privacy Notice for more information about how Rheem handles personal information, which may be accessed at https://www.rheem.com/legal. However, the security of the Internet cannot be guaranteed and therefore Rheem cannot assure your privacy. Rheem is not responsible for any unauthorized access to communications that you submit over the Internet.

Any communication or material you transmit to the Site or Application by electronic mail or otherwise, will be treated in accordance with our Privacy Notice. By transmitting or posting any communications or materials to this site or Application, you agree that Rheem or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. Rheem and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information.

User Conduct. You will not make any unauthorized use of this website or Application, or any content or features available on this website or Application. You are responsible for all use of your account (including username and password, if any) and shall be solely responsible for maintaining the security of your passwords. You shall not share your account information with any third party, let anyone else access or use your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the account, you must immediately notify cybersecurity@Rheem.com and modify your username and password. You agree that all the information and content posted or accessed in restricted password protected areas of the website is confidential to Rheem and will be used only for your personal and internal purposes. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.

You will not, nor allow third parties on your behalf to (i) make and distribute copies of the website or Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website or Application; or (iii) create derivative works of the website or Application of any kind whatsoever.

WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED “AS IS.” RHEEM AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. RHEEM AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, RHEEM DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. RHEEM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE, THE PRODUCTS, OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF RHEEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RHEEM AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS.

Indemnification. You agree, at your expense, to indemnify, defend, and hold harmless Rheem, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms and Conditions or in connection with your use of this website, Application or any product, including the Products, or service related thereto.

General. These Terms and Conditions and all information on the Site or Application are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America, without regard to conflict of law principles. Although users outside of the United States may have access to the Site or Products, the information contained herein is intended only for use by residents of the United States. Rheem specifically reserves all rights to limit provision of our Products to select persons, countries or geographic regions. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.

Waiver/Severability. The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and conditions, which will otherwise remain in full force and effect.

Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Rheem concerning the use or access of this website or Application.

Reservation of Rights. Any rights not expressly granted herein are reserved.

Availability. This Application is available to handheld mobile devices running Apple® iOS and Android® OS operating systems and web accessible devices. Rheem will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Rheem’s reasonable control. Rheem does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

System Requirements. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”). The Software Requirements are as follows: Apple iOS or Android OS; Language: English. As the Application is updated, the System Requirements may also be updated. You are responsible for downloading or acquiring the appropriate updates to your mobile or web accessible device to continue use of the Application. The Application software may be upgraded from time to time, without notice to you, to add support for new functions and services.

Arbitration Agreement. Any controversy or claim arising out of or relating to the Terms and Conditions shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms and Conditions. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms and Conditions is void or voidable. The arbitrator’s award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of the Terms and Conditions.

You understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law, and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.

Waiver of Class Remedies. You agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.

As an exception, notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms and Conditions.

Contact Us. For further information or to contact us with questions, concerns, or comments, please contact us at https://www.rheem.com/contact. Although Rheem will, in most circumstances, be able to receive your email or other information provided through the Site, Rheem does not guarantee that it will receive all such email or other information timely and accurately. Rheem shall not be legally obligated to read, act on, or respond to any such email or other information.

Use of this site or Application signifies your agreement to these Terms and Conditions.

California Transparency in Supply Chains Act Disclosure

Transparency in Supply Chains

Rheem will not tolerate human trafficking or slavery in its operations or its suppliers’ operations. Rheem encourages all of its procurement employees to be vigilant regarding human trafficking and slavery in Rheem’s supply chain and to report any suspected human trafficking or slavery to the General Counsel. The company will not retaliate against employees who report suspected human trafficking or slavery in the Rheem supply chain.

The following disclosures are made pursuant to the California Transparency in Supply Chains Act of 2010 (Section 1714.43 of the California Civil Code) (referred to in this disclosure as the “Act”).

To what extent, if any, does Rheem:

(1) Engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery? Rheem does not at this time engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery.

(2) Conduct audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains.While Rheem employees conduct periodic site visits and audits of certain of our suppliers, Rheem does not specifically audit suppliers for compliance with company standards for human trafficking and slavery. If there is any reason to suspect that a supplier is not complying with human trafficking and slavery standards, then Rheem will address the matter with the supplier.

(3) Require direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. Rheem generally requires suppliers to be in compliance with all applicable laws and regulations and has requested certification from suppliers that they comply with applicable laws regarding slavery and human trafficking.

(4) Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking. Rheem employees are required to acknowledge and adhere to its Code of Business Conduct and Ethics (the "Code of Conduct"). While the Code of Conduct does not specifically address human trafficking and slavery, it does require that employees abide by the applicable laws and regulations in each country in which Rheem does business and report any suspected violations.

(5) Provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products. Rheem is working to develop and implement training for members of its supply chain workforce to recognize and mitigate human trafficking and slavery risks in the supply chain.

Rheem Manufacturing Company (including its affiliates) (“Rheem”) is committed to providing quality products and conducting business honestly, fairly and with integrity. This Supplier Code of Conduct ("Code") applies to all suppliers who are part of Rheem’s supply chain and sets forth Rheem’s standards and expectations with respect to key areas of corporate responsibility.

COMPLIANCE WITH LAWS AND REGULATIONS Rheem suppliers must comply with all relevant and applicable laws and regulations, including those concerning employees, their welfare and safety and the working environment in order to do business with Rheem.

EMPLOYMENT PRACTICES Rheem expects suppliers to respect its workers and to be in compliance with the specific requirements relating to employment and working conditions contained herein.

Supplier will fairly compensate its workers, complying with all applicable laws and regulations governing wages and overtime payment for workers.
Supplier will comply with all applicable legal limits for working hours and days of service and will not exceed the maximum set by applicable laws and regulations.
Supplier will comply with all laws and regulations regarding the fair and humane treatment of its workers.
Supplier will be committed to a workforce free of harassment and unlawful discrimination.
Supplier must provide their workers with a safe and healthy working environment.
Supplier will not use, directly or indirectly, forced, slave or child labor.

ENVIRONMENTAL

Suppliers shall comply with all applicable laws, regulations and international standards regarding environmental protection, including the safety and health of the employees.

PRIVACY AND SECURITY

Supplier will commit to protecting the reasonable privacy expectations of personal information of everyone with whom it does business, including suppliers, customers and employees.

ANTI-CORRUPTION AND BRIBERY

Supplier shall abide by all applicable anti-corruption regulations and laws of the countries in which it operates, including, without limitation, the U.S. Foreign Corrupt Practices Act (“FCPA”) and the UK Bribery Act and applicable international anti-corruption laws, rules and conventions. Supplier shall not engage in any form of corruption, extortion, embezzlement, or bribery, including any payment or other form of benefit conferred on any government official for the purpose of influencing decision making in violation of law.

GIFT & GRATUITY POLICY; CONFLICT OF INTEREST

Rheem employees are prohibited from soliciting or accepting any gifts, gratuities or other monetary incentives that are designed to improperly influence business decisions or as a condition of doing business, and we expect our suppliers to adhere to these rules. Gifts should never be offered, given, or accepted by any Rheem employee if it:

Is a cash gift or cash equivalent (such as gift certificates or gift cards);
Exceeds $250.00 (USD) or local currency equivalent in value in the U.S., Canada, U.K., Netherlands, Australia, and New Zealand or $100 (USD) or local currency equivalent in all other locations (unless approved in advance by authorized management);
It can be construed as a bribe, kickback or payoff;
Is not reasonable and appropriate in the context of the business occasion; and
Violates any laws or regulations.

Supplier will not put any Rheem employee in positions that test their loyalty to Rheem or cause violations of Rheem’s Code of Business Conduct & Ethics or the law.

CONFLICT MINERALS

Supplier will comply with all applicable laws and regulation, as well as applicable requirements, intended to address the humanitarian and commercial concerns, specifically as it relates to Conflict Minerals, including regulations passed by the Securities and Exchange Commission.

Rheem reserves the right, in its sole discretion, to change the requirements of this Code from time to time.

Last Updated: November 6, 2019

Terms and Conditions for Service Providers

1. ACCEPTANCE - TO THE EXTENT RHEEM HAS PURCHASED OR WILL PURCHASE FROM SERVICE PROVIDER THE SERVICES AS MORE FULLY DESCRIBED IN A QUOTE OR PROPOSAL AGREED TO BY THE PARTIES (“SERVICES”) THESE TERMS AND CONDITIONS SHALL GOVERN THE PROVISION OF THE SERVICES BY SERVICE PROVIDER. “RHEEM” SHALL MEAN RHEEM MANUFACTURING COMPANY AND ANY OF ITS SUBSIDIARIES AND AFFILIATES PURCHASING SERVICES FROM SERVICE PROVIDER HEREUNDER. ANY OF THE FOLLOWING ACTS BY SERVICE PROVIDER SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS: SIGNING AND RETURNING A COPY OF A RHEEM ISSUED PURCHASE ORDER; PERFORMANCE OF ANY OF THE SERVICES ORDERED; OR RETURNING ANY FORM OF ACKNOWLEDGEMENT. ACCEPTANCE OF THESE TERMS IS LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN SERVICE PROVIDER’S ACKNOWLEDGEMENT, GENERAL TERMS AND CONDITIONS OF SERVICE, INVOICE, ANY PRIOR PROPOSAL OR IN ANY OTHER SERVICE PROVIDER DOCUMENT ARE HEREBY REJECTED AND SHALL NOT BE BINDING ON RHEEM. Rheem’s blanket purchase agreement, release, or purchase order (collectively, “Order”) and these Terms and Conditions (the “Terms and Conditions”) constitute the entire agreement between the Service Provider and Rheem with respect to its subject matter except for any quote, statement of work, or proposal which expressly incorporates these Terms and Conditions and which is also executed by an authorized representative of Rheem ("Quote”). To the extent of any conflict between these Terms and Conditions and any written services agreement that has been negotiated and executed by authorized representatives of Rheem and Service Provider that governs the services referenced herein, the terms contained in said services agreement will control. To the extent of any conflict between these Terms and Conditions and any Quote, these Terms and Conditions will control.

2. SERVICES. The Services shall include the completion and delivery of all deliverables, work product, results and other materials that are prepared by or on behalf of Service Provider in the course of performing the Services for Rheem (the “Deliverables”), which shall include, without limitation, those Deliverables that may be specified in a quote, proposal, statement of work, or other agreement between the parties. Delivery of Services will be considered on time if Services are performed at the destination designated by Rheem no later than the performance date specified in the Order. If Service Provider fails to perform the Services as scheduled, Rheem may assess such amounts as may be set on the face of an order or release as liquidated damages for the agreed delay period. The parties agree that such amounts, if assessed, are an exclusive remedy for the agreed delay period; are a reasonable pre-estimate of the damages Rheem will suffer as a result of delay based on circumstances existing at the time the order or release was issued by Rheem; and are to be assessed as liquidated damages and not as a penalty. In the absence of agreed liquidated damages, Rheem shall be entitled to recover damages that it incurs as a result of Service Provider’s failure to perform as scheduled.

3. PRICES - The prices contained in Rheem’s Order shall be considered as maximum prices not subject to upward revision and include all insurance, import fees, customs duties and taxes. No extra charges of any kind will be allowed unless specifically agreed in writing by Rheem. All expenses incurred by Service Provider in performing the Services covered by an Order shall be included in the fees set forth in the Order. No federal, state or local taxes on the Services performed hereunder shall be included in any invoice rendered unless specifically itemized. If Rheem furnishes Service Provider an exemption certificate, or any similar proof of exemption with respect to any federal, state or local tax included in any such invoice, such invoice shall be adjusted to eliminate such tax.

4. WARRANTY – Service Provider represents, warrants, and covenants, for itself, its employees, subcontractors and agents that: (a) it is not contractually prohibited from engaging in the Services, and that it is not a party to any agreement or under any obligation which conflicts with these Terms and Conditions or which prohibits Service Provider from carrying out its responsibilities; (b) it is fully able to furnish the Services, including holding all necessary licenses and permits required by applicable governmental authorities (and all such licenses and permits are in full force and effect); (c) none of the Services, including Deliverables, to be furnished or created hereunder will infringe upon any intellectual property rights of any third party or misappropriate a third party’s trade secrets; (d) the Services, and Service Provider’s performance hereunder, will comply with all applicable laws; (e) the Services will be performed consistent with generally prevailing professional and industry standards; (f) the Services will meet the service level agreements, if any, as agreed by parties; (g) Service Provider will devote sufficient resources to ensure that the Services are performed in a timely and reliable manner; and (h) Rheem will receive good and valid title to all Deliverables, free and clear of all encumbrances and liens of any kind.

5. ACCEPTANCE-- If Rheem determines that any Service does not conform to the Order, or specifications or other requirements applicable to the Service or requested by Rheem, or any performance criteria published by Service Provider (collectively, “Specifications”), Rheem may reject such Service by written notice to Service Provider. Service Provider will, at its expense, re-perform the applicable Services and repair any applicable work product within a reasonable time period after its receipt of such notice, such period of time not to exceed five (5) days, subject to Rheem’s right to reject the corrected Services in accordance with this Section. If Rheem accepts a Service, Rheem will attempt to notify Service Provider in writing (“Acceptance” or “Accepted”); however, Rheem’s Acceptance of any non-conforming Service shall not constitute a waiver of its right to reject future Services. Service Provider shall be responsible for the delivery (including cost) of all physical or tangible work product (as applicable) and shall maintain insurance against loss in transit to the designated destination, including all expenses relating thereto.

6. DESIGN AND INVENTION RIGHTS – Service Provider agrees to communicate promptly to Rheem full details of any design or invention (whether or not patentable) conceived or first reduced to practice by Service Provider or any of its employees in connection with the performance of the Services. Service Provider shall assign or cause to be assigned, and hereby assigns, to Rheem without further compensation all right, title and interest of Service Provider or its employees and contractors in and to all intellectual property rights of any design or invention generated in connection with the performance of the Services, and to the Deliverables, and will perform or cause to be performed all acts (at Rheem’s expense) and execute or cause to be executed all papers which are necessary to vest in Rheem’s full right, title and interest therein, including the patenting thereof.

7. DRAWINGS AND DATA. Rheem retains all rights in drawings, engineering instructions, specifications and other data furnished to Service Provider by Rheem and no such drawings, engineering instructions, specifications or other data shall, without Rheem’s written permission to Service Provider, be reproduced or in any way used, in whole or in part, in connection with Services performed to others, and must be returned to Rheem immediately upon Rheem’s request.

8. MATERIALS AND TOOLS. If Rheem furnishes Service Provider special dies, molds, jigs, tools, test equipment, and the like, or pays for such items, title thereto shall remain or vest in Rheem, and Service Provider shall identify, maintain and preserve such items. Such items must be repaired, renewed and fully insured against loss and damage at Rheem’s direction and are subject to removal at any time upon demand by Rheem.

9. CONFIDENTIALITY - Any proprietary, non-public information furnished to Service Provider, including but not limited to specifications, drawings, sketches, models, samples, tools, technical information, methods, processes, techniques, shop practices, plans, know-how, trade secrets, or data, written, oral or otherwise (collectively, the “Confidential Information”) remain Rheem’s property. All copies of such Confidential Information, in written, graphic or other tangible form, must be immediately returned to Rheem upon its request. The Confidential Information shall be kept confidential by Service Provider, shall be used only in the fulfillment of the Services, and may be disclosed or used for other purposes only upon such terms as may be agreed upon between Rheem and Service Provider in writing. To the extent Service Provider has access to personal data, as such term is defined herein, the terms and conditions contained in the Privacy Terms attachment shall apply.

10. COMPLIANCE WITH LAWS – Service Provider certifies that the Services to be rendered hereunder are in compliance with all applicable federal, state, and local laws, rules and regulations, whether now in force or hereinafter enacted, including, without limitation, the Fair Labor Standards Act of 1938; the Civil Rights Act of 1964; the Federal Food, Drug and Cosmetic Act; the Occupational Safety and Health Act of 1970; The Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 1502 and related Securities and Exchange Commission (SEC) rules (Conflict Mineral Law); U.S. Foreign Corrupt Practices Act of 1977; and the California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”). Service Provider shall indemnify, hold harmless, and defend Rheem from all losses, expenses, damages, costs, liabilities, claims, settlements, awards and judgments arising or otherwise related to non-compliance with applicable laws. Service Provider further certifies that its price to Rheem hereunder is proper under all applicable laws,and is in compliance with any current federal pricing policy or law directed at controlling or stabilizing prices.

11. INDEMNIFICATION – Service Provider shall indemnify, defend, and hold harmless Rheem and its employees, officers, directors, agents, distributors, dealers, customers, end-users, successors and assigns (the “Rheem Indemnitees”) from and against any and all Claims and the Litigation Costs arising from said Claims suffered by or brought against any Rheem Indemnitee to the extent based on (i) a claim that any Service performed by Service Provider, as well as any system, device or process related to the performance thereof, constitutes an infringement or misappropriation of any patent, copyright, trademark, trade secret or other intellectual property right of any third party, (ii) for actual or alleged personal injuries, deaths or property damage of any sort, kind or description as a result of any Services; (iii) the negligence of Service Provider; and (iv) any breach of these Terms and Conditions by Service Provider. For purposes of this Section, the term “Claim” shall mean any and all claims, suits, and proceedings and the term “Litigation Costs” shall mean any and all damages, costs, and expenses, including without limitation attorneys’, experts’, consultants’, and court reporters’ fees, awards, settlements and judgments.

12. INSURANCE. Service Provider agrees to procure and maintain at the Service Provider’s own expense the following insurance coverages with companies acceptable to Rheem: (i) workers’ compensation with statutory limits and employers liability insurance with a limit of not less than $500,000 per accident, (ii) commercial general liability with coverage at least as broad as Insurance Service Office (ISO) form CG 00 01 04 13 on an “occurrence” basis, including products-completed operations and for personal injury and property damage with limits of at least $2,000,000 per occurrence, (iii) automobile liability covering any auto, or if the Service Provider does not have any autos, hired and non-owned autos, with a combined single limit of at least $1,000,000 (iv) professional liability errors and omissions coverage for the Services performed (if professional services are provided) with a limit of at least $1,000,000 (v) crime or fidelity bond (covering employee dishonesty) with a limit of at least $1,000,000 and (vi) any other forms of insurance requested by Rheem. If Service Provider maintains higher insurance limits than the minimums required by these Terms and Conditions, Rheem requires and shall be entitled to coverage for the higher limits maintained. With the exception of workers compensation, professional liability, crime/fidelity bond and network security and privacy liability (if applicable), such insurance will include Rheem, its affiliates, subsidiaries, shareholders, directors, officers and employees as Additional Insured. Additional Insured status will be provided on ISO form CG 20 10 11 85 or equivalent for General Liability. All insurance required by Rheem will include any necessary endorsements so that coverage is primary and so that the insurer will not seek any contribution from any insurance or self-insurance maintained by Rheem. To the extent any losses are covered by Service Provider’s insurance policies, Service Provider waives any right against Rheem for damages and shall require similar waivers by sub-contractor(s) (if any). Service Provider agrees to obtain any endorsement that might be necessary so that any insurance policies required by Rheem shall permit and recognize such waivers of subrogation. Service Provider agrees to provide Rheem with Certificates of Insurance and any amendatory endorsement or copies of applicable policy language to evidence the insurance coverage required upon request. All Certificates of Insurance and endorsements shall be delivered to Rheem prior to the commencement of the Services under the applicable Order and with any insurance policy renewal thereafter. Service Provider also agrees to provide advance written notification to Rheem should any of the insurance policies required by these Terms and Conditions be canceled or non-renewed. These insurance requirements are subject to amendment or waiver only if so approved in writing by Rheem. Acceptance of a Certificate of Insurance by Rheem does not constitute an amendment or waiver of any insurance requirement.

13. SECURITY—Service Provider shall conduct a police record check on all prospective employees. While at Rheem’s facilities, a photo identification badge shall be issued and all employees shall be uniformed so that they may easily be identified as employees of Service Provider. While at the Rheem’s facilities, Service Provider and all of its employees and subcontractors shall adhere to the portions of Rheem’s Code of Business Conduct and Ethics applicable to contractors, as well as any security and privacy policies required and communicated to Service Provider.

14. SUBCONTRACTORS – Service Provider may not delegate or subcontract any obligation to perform any of the Services pursuant to another party without prior written consent of the Rheem, in each instance. To the extent any Services hereunder are performed by a subcontractor, Service Provider shall ensure that such subcontractor complies with these Terms and Conditions, all Privacy Laws (as defined in the Privacy Terms attachment), and industry standards. Service Provider shall remain fully liable and obligated to Rheem for the timely and proper performance of all of its obligations, even if such obligations are delegated to a subcontractor. Service Provider shall remain liable for the acts or omissions of any person or entity to which Service Provider delegates or subcontracts any such obligation. At Rheem’s written request, Service Provider shall audit a service provider's compliance with its obligations, described above, and provide Rheem with the audit results.

15. LIMITATION – In no event shall Rheem’s aggregate liability for any loss or damage arising out of or in connection with or resulting from the Services or any applicable Order exceed the price allocable to the Services or portion thereof which gives rise to the claim. Rheem shall not be liable for interest charges or penalties of any description. No lawsuit may be brought against Rheem on account of any breach by Rheem unless the suit is instituted within two years of the date of the breach.

16. TERMINATION - Rheem may, at its option, terminate any Order or Quote upon 15 days’ written notice to Service Provider without penalty unless a Quote expressly provides otherwise. Rheem shall have no liability to Service Provider in connection with termination of the Order or Quote, except that Rheem will remain obligated to pay, in accordance with the agreed upon payment terms, for any Services ordered and properly performed before the termination date but that are unpaid as of the termination date. Service Provider waives all termination claims not specifically reserved under these Terms and Conditions. Upon termination of any Order or Quote, or completion of the Services under an applicable Order or Quote, Service Provider shall promptly (i) deliver to Rheem all Deliverables (whether complete or incomplete) and all hardware, software, tools, equipment or other materials provided for use by Rheem; (ii) deliver to Rheem all tangible documents and materials (and any copies) containing, reflecting, incorporating or based on the Confidential Information; and (iii) permanently erase all of the Confidential Information from Service Provider’s computer systems.

17. RELATIONSHIP-- The parties intend that the relationship between them created under any Order is that Service Provider is only an independent contractor of Rheem, and nothing contained herein is intended to create any other relationship between the parties. Service Provider is not entitled to receive from Rheem any insurance coverage, pension, profit sharing, paid vacation, sick leave, disability or other benefits normally provided by Rheem to its officers or employees.

18. ASSIGNMENT – Service Provider shall not, without prior written consent of Rheem, assign or pledge any Order or any of Service Provider’s right or obligations hereunder. Any assignment or attempted assignment made without such consent shall be void as to Rheem.

19. GOVERNING LAW - The validity, performance and all matters relating to the interpretation and effect of any Order or these Terms and Conditions and all further documents executed pursuant to it shall be construed and interpreted in accordance with the laws of the State of Delaware, United States, excluding its rules on the conflict of laws.

20. CODE OF CONDUCT – Service Provider shall comply with Rheem’s Supplier Code of Conduct, which can be viewed at http://www.rheem.com/about/legal, in providing Services under any Order. Any violation of the Code of Conduct may cause Rheem to cease doing business with Service Provider.

21. GENERAL - The invalidity of any provision contained in any Order will not affect the validity of any other provision. Rheem’s failure to insist on performance of any term or condition or to exercise any right or privilege shall not waive any such term, condition, right or privilege. These Terms and Conditions may be amended or modified only by a written instrument separately signed by Rheem or Service Provider. Service Provider shall not subcontract or assign its rights and obligations under any Order, in whole or in part, without Rheem’s consent. The provisions of Sections 3, 4, 6-12, 15, 16, 17, 19 and 21 survive termination of the Order or completion of the Services.

Privacy Terms

These Privacy Terms set forth the terms and conditions relating to the privacy, confidentiality, and security/disposal of Personal Data associated with the Services rendered by Service Provider pursuant to the Terms and Conditions. Capitalized terms used but not defined herein, shall have the respective meanings given to them in the Terms and Conditions.

1. PERSONAL DATA. "Personal Data" shall mean any information which: (i) can be used to identify, relates to, describes, is capable of being associated with or could reasonably be linked to, directly or indirectly, a particular individual or household; or (ii) is subject to the Privacy Laws or, where applicable, the then current Payment Card Industry Data Security Standard of the PCI Security Standards Council.

2. COMPLIANCE. Service Provider hereby warrants that Service Provider shall comply with all applicable federal, state, provincial and local laws, rules, and regulations, as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of Personal Data.

3. INFORMATION SECURITY PROGRAM. Service Provider shall not at any time use or disclose Personal Data for any purpose other than solely as necessary for the performance of its obligations under the Terms and Conditions and shall destroy all Personal Data following use as permitted under these terms and certify that destruction to Rheem upon request. Service Provider is prohibited from selling Personal Data and retaining, using or disclosing Personal Data outside of the direct business relationship as contemplated by the Terms and Conditions and applicable Order. Service Provider certifies that it understands these restrictions and will comply with said restrictions. Service Provider hereby warrants, represents and covenants that it has and will maintain a comprehensive information security program, including appropriate policies, procedures, and risk assessments that are reviewed at least annually, and that complies with applicable Privacy Laws. At a minimum, Service Provider’s information security program shall include appropriate administrative, technical, physical, organizational and operational safeguards and other security measures.

4. PROCESSING PERSONAL DATA. Taking into account the nature of the processing of Personal Data, Service Provider will promptly assist Rheem by taking appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Rheem’s obligations to respond to such verifiable requests to Rheem by individuals for exercising their rights under the California Consumer Privacy Act (“CCPA”) and/or California Privacy Rights Act (“CPRA”) or other applicable Privacy Laws (such as rights to access their Personal Data) and will provide a copy of such information in a portable and “readily usable” format. Service Provider shall also notify their own service providers or contractors to take certain appropriate actions, insofar as this is possible, for the fulfilment of Rheem’s obligations. In addition, if requested by Rheem, Service Provider will facilitate the fulfillment of deletion requests of a consumer’s Personal Data in Vendor's records under CCPA, CPRA or other applicable Privacy Laws.

5. INFORMATION SECURITY INCIDENT NOTIFICATION. Service Provider shall immediately notify Rheem when it becomes aware of an Information Security Incident. Such notice shall summarize in reasonable detail the effect on Rheem, if known, of the Information Security Incident and the corrective action taken or to be taken by Service Provider. Service Provider shall promptly take all necessary and advisable corrective actions and shall cooperate fully with Rheem in all reasonable and lawful efforts to prevent, mitigate or rectify such Information Security Incident. The content of any filings, communications, notices, press releases or reports related to any Information Security Incident must be approved by Rheem in writing prior to any publication or communication thereof. Without limiting Vendor's indemnification obligations under the Terms and Conditions, Service Provider shall be responsible for all costs associated with provision of any notice required in connection with any Information Security Incident, and any related remediation and investigation thereof. An Information Security Incident shall mean any actual or suspected unauthorized processing, loss, use, disclosure, alteration, destruction or other compromise or acquisition of or access to any Personal Data or actual or suspected intrusion by an unauthorized third party into Service Provider’s computers, networks, servers or IT resources.

6. PERSONAL DATA ACCESS RESTRICTIONS. Service Provider shall cause all personnel or third parties, acting at Service Provider’s direction, to comply with all Privacy Laws, abide by Service Provider’s obligations under these terms, and to be bound in writing by privacy, confidentiality and other obligations sufficient to protect and maintain the integrity of the Personal Data in accordance with the terms and conditions herein. Service Provider shall ensure that all personnel who are authorized to access Personal Data have a business need to know and may only use the Personal Data for permittable purposes pursuant to the performance of its obligations. Except as specifically contemplated in provision of the Service Provider’s Services, Service Provider agrees that it will not, and will not allow any Service Provider personnel or other third party acting at its direction to, transfer or use Personal Data (or access Personal Data from) outside of the United States without the prior express written consent of Rheem. To the extent the services involve remote access to a Rheem IT resource or system, the parties shall agree upon an encryption mechanism for use in exchanging any Personal Data and any other information in accordance with these terms. Service Provider shall use the approved encryption mechanism for all such communications. In addition, Service Provider shall take all reasonable precautions to prevent transmission of a computer virus, malware, or other malicious code to a Rheem IT resource or system or any Rheem or employee where the Services contemplate access by such parties to a Service Provider IT resource or system. Prior to transmission of information to Rheem, Service Provider will use anti-virus software to check for and eradicate viruses. Furthermore, Service Provider shall prohibit its personnel from using their personal IT assets or resources to gain access to any Rheem IT resource or system. To the extent any services performed by Service Provider personnel are performed using Service Provider-owned and controlled IT assets and resources, such assets and resources shall comply with these terms. Service Provider will notify Rheem immediately if a virus, malware, or other malicious code is detected in a file sent to or received from Rheem.

7. INJUNCTIVE RELIEF. Service Provider agrees that any processing of Personal Data in violation of these terms, Rheem’s instructions or any applicable Privacy Law, or any Information Security Incident, may cause immediate and irreparable harm to Rheem for which money damages may not constitute an adequate remedy. Therefore, Service Provider agrees that Rheem may obtain specific performance and injunctive or other equitable relief for any such violation or incident, in addition to its remedies at law, without proof of actual damages. Service Provider agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.

8. OWNERSHIP. As between the parties, the Personal Data, together with any intellectual property rights therein, including, but not limited to, copyrights, shall be the sole property of Rheem. Service Provider shall not have or obtain any rights therein.

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