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I. Introduction
This Privacy Policy (“Policy”) explains how BM SERVICES USA LLC, its parent companies, subsidiaries and affiliates, (“BM SERVICES USA” “we,” “us,” and “our”) collects, uses, shares, secures, and eventually deletes, information collected from and about Visitors to our Website, and from our Customers. We respect Your privacy and are committed to protecting your Personal Information. We have endeavored to make this Policy clear and easy to navigate. However, if You have any questions about the Policy You can contact us as described in the “Contact Us” section, below.
Scope of this Policy
This Policy covers both our online and offline data collection activities, including information that we collect through our Website, as well as in person while interacting with our Customers and other forms of communication with You. Please note that this Policy does not apply to any affiliate or any related entity of BM SERVICES USA LLC that maintains and publishes its own privacy policy, but does apply to all websites and services that refer to this Policy.
By continuing to visit and use our Websites, You are agreeing to the terms of this Policy. If You do not agree, then please exit this Website and close Your browser.
We collect certain Personal Information from You in order to operate our Websites effectively, provide You with the best experience when You visit and use them, and provide You the services or information You have requested.
When You register for a membership online, or schedule a service appointment with us or otherwise contact us, we will collect certain Personal Information about You such as Your name, address, e-mail address, telephone number, general geographic location (such as Your zip code or city and state). If You schedule an appointment online with us, we may need to collect additional information such as which service You need. If You purchase our products and services, we would also need to collect any information that You use to make a purchase, such as Your banking and/or credit card details (cardholder name, card number, expiration date, etc.).
We will also collect certain Personal Information about You when You sign up to receive a promotional discount from us or to receive our marketing communications about new product launches, exclusive offers and more. Additionally, if You fill out one of our surveys about our products or provide us with a review or feedback about our products, we may collect certain Personal Information from You along with that feedback.
If You are a job applicant applying for a job with us, we will collect Your name, email address and information related to Your work history. We may also need to collect Your phone number and home address as well. In the event that You are offered the position, we will need to collect additional Personal Information and Sensitive Personal Information from You in order to offer You the job and onboard You in the same.
b. Information collected on Our Website
We also may use various technologies and methods to collect information directly from You or from Your computer or device and about Your activities on our Website.
i. Information collected automatically: We may automatically collect information from You when You visit Our Website. This information may include Your IP address, location data, Your browser type and language, access times, the content of any undeleted cookies that Your browser previously accepted from us, referring or exit website address, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information.
We use Google Analytics to collect information about Your use of Our Website as well. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at https://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics, please see: https://policies.google.com/technologies/partner-sites.We may also collect information from You automatically through any site or web application that we may develop and run on a third-party social network such as Facebook. This could also include any site or application that we specifically design for use on a cell phone or other mobile device, such as a mobile-enabled site (i.e., WAP site) or mobile application (e.g., iPad/iPhone app).
ii. Online Chat: If You engage our online chat feature we will collect Your name and email address, and possibly Your phone number. We may also need to collect other information such as Your home address and information about the service that You need or are seeking more information about.
iii. Online Payments: If You make a payment online with us, we do not collect Your payment information directly, but instead utilize third-party payment processors, including, but not limited to the following: Fiserv Merchant Services (formerly, First Data), Wells Fargo E-Bill, and TSYS Payment Solutions (“Payment Processors”), to facilitate Your online payment. If You choose to store Your payment information to make automatic and regular payments, such information will be stored by the Payment Processor, not with us directly. You may find out more about how the Payment Processors store and use Your information by accessing the Payment Processors’ privacy policy.
iv. Online Credit Application: If You apply for a credit approval in connection with financing options for products and services offered by us, we will collect Your Personal Information, such as Your name, home address, phone number and email address, and also Your Sensitive Personal Information, such as Your social security number, Your date of birth, and Your income.
v. Cookies: When You visit our Website, we may assign Your device one or more cookies to facilitate access to our Website and to personalize Your online experience. Through the use of a cookie, we also may automatically collect information about Your online activity on our Website, such as the web pages You visit, the links You click, and the searches You conduct on our Website. Most browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies.A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when You close Your browser and is used to make it easier for You to navigate our Website. A persistent cookie remains on Your hard drive for an extended period of time.
We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about Your use of our Website with our social media, advertising and analytics partners, who may combine it with other information that You’ve provided to them or that they’ve collected from Your use of their services.When You first visit our Website, we provide You with a choice to either accept or deny certain cookies. If You choose to decline cookies some of the features and services of our Website may not function as well as intended. Even if You choose to accept cookies, You are always free to change Your mind and revoke that consent.Also, to opt-out from third-party cookies that are used for advertising purposes, You can do so on the NAI website at https://www.networkadvertising.org/managing/opt_out.asp.
vi. Customer Reviews and Feedback
If You choose to share Your feedback or a review of our services, we will ask You to fill out a survey and ask for some of Your Personal Information.
Please note that we welcome and appreciate Your feedback and suggestions, but if You send the same to us, we reserve the right to use the same freely without any restrictions, any credit to You, or any compensation to You. Additionally, we are under no obligation to keep any such feedback or suggestions confidential.
vii. Other technologies: We may use standard Internet technology, such as web beacons and other similar technologies, to track Your use of our Website. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to Customers and Visitors of our Website, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming, or other activities. Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on Your device, web beacons are embedded invisibly on the web pages (or in emails) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count visitors to certain pages, and to understand usage patterns. We also may receive an anonymous identification number if You come to our Website from an online advertisement displayed on a third-party website.
We collect certain Personal Information from You in order to provide and collect payment for our services and to offer You additional services based on your interest.
When we provide our services, we may need to collect additional information from You such as Your payment information and possibly information about any additional heating, cooling, plumbing, or other service needs that You may have that we offer.
In the course of providing you service, we may glean additional information about You just by being in Your home, such as the fact that You have children. We do not collect observable personal information about You unless it is relevant to future service appointments (i.e., You have a pet that the service provider needs to be mindful of).
If You express interest in or ask for more information about our products and services, we may ask You for additional information such as a copy of Your current utility bill and Your contact information (i.e., phone number and email address).
We will also collect certain Personal Information about You when You sign up to receive a promotional discount from us or to receive our marketing communications about new product launches, exclusive offers and more. Additionally, if You fill out one of our surveys about our products or provide us with a review or feedback about our products, we may collect certain Personal Information from You along with that feedback.
We may collect Your Personal Information, such as Your name, email address, phone number and home address, from one of our corporate affiliates, including our parent company, or our service providers, that You may have provided directly to them.
Occasionally, we may obtain information about You from third-parties, such as a data aggregator or vendor to provide us with additional information about our existing Customers (this is known as “data appending”), which may include information from Your account profile or Your postings on a third-party social network, and/or information collected about You from other advertisements and direct marketing. We may also collect Personal Information about You from service providers where we operate accounts on third-party platforms, such as financial processing platforms, credit check providers, debt collection and payment processors, email platforms, and call centers.
We may also receive information about Customers from other companies that we may acquire. We may also receive information about You from other sources online, such as push notifications You may receive on Your web browser or mobile phone.
We collect Your Personal Information for various reasons, which are described below:
We use information collected to ensure that our Websites are working as intended and for analytics purposes, to understand how our Websites are operating and learn how they can be improved. We use this information as needed for auditing purposes as well.
We may use information collected to maintain Your account with us, including, but not limited to, an Advantage Program account, and to administer the benefits under same.
If You have filled out a contact form with us, signed up to receive our alerts or newsletter, or have otherwise signed up to receive our direct communications, we may use this information to send You marketing communications, such as email communications, mobile messages (including text and/or push notifications), and postal mailings. These communications may inform You about new products, store events, special discounts and coupons, and other news and special offers. In some instances (such as for mobile messages), we may use technical information or precise geo-location information obtained from Your mobile device to send You messages directly to Your mobile device, including offers and coupons based on Your location.
We may use this information to provide You the services and products that you have requested from us, including attending appointments, and/or evaluating Your credit application if requested.
We may use this information to ensure we are providing the highest level of customer service, and to identify any potential gaps or potential improvements to the same. Customer service may be provided through various forms of communication, such as email correspondence and call center support.
We may use information collected to improve our services, tailor them to Your needs, and create new product and service offerings.
If You have requested further information or in any other way requested that we contact You, we will use Your Personal Information to respond to such a request.
We may use information collected to personalize Your experience and save You time when You visit our Website. For example, we might remember Your login ID or username so You can quickly login the next time You visit our site or otherwise re-book services with us.
We may use information collected to support and allow Your sharing of posts about us and connecting with us on social media.
We may use information collected for other general business purposes, such as to maintain the day-to-day operation and security of our Website, monitor and analyze trends and usage of the services, to help us develop the design and layout of the Website and to conduct internal marketing and demographic studies.
We also collect information in order to comply with laws and regulations.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
BM SERVICES USA does not sell Your Personal Information that it has collected via our Website to any third parties and we do not share Your Personal Information for any cross-contextual advertising.
Generally, we share Your Personal Information as necessary to provide the services that You request, including sharing information with certain third parties, such as service providers. We also may share Your Personal Information when required to by law, to protect Your rights and safety, and with Your consent.
Specifically, we may share Your Personal Information with third parties, including:
c. Authorized service providers: We may share Your Personal Information with our authorized service providers that perform certain services on our behalf. These services may include relationship management software; website hosting; evaluators, contractors and auditors; email marketing providers; customer service providers; providers that perform business and operations analysis for us; and providers that support and maintain our Website, including providing analytics services for us.
d. Payment Processors: We need to share Your Personal Information and Your Sensitive Personal Information with our third-party payment processor in order to complete Your payments made both on-line (for individual service appointments and for our memberships and accounts) and if applicable, at Your service appointment or at one of our in-person events. You may also be able to store Your payment information with these providers via Your account with us. We do not store any of Your financial information directly and any such storage or remembering of the same will be facilitated by our third-party payment processor.
e. Our Advertising Partners: We may also allow third parties through an advertising network to target custom content and ads to You on our Website, and other websites. The information provided to these service providers is limited to only that which we deem appropriate for these service providers to carry out their functions, such as offering You certain promotions or customizing certain advertisements for You, and to enable BM SERVICES USA to market to You.
f. For a Legal Reason: We may have to share Your Personal Information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
g. To Prevent Fraud or Illegal Conduct: We may have to share Your Personal Information in situations where we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, to protect and defend the rights, property, or safety of our company, our consumers, our employees, or others, or to enforce our Website Terms of Use policy or other agreements or policies.
h. With Our Affiliated Brands and Companies: We may share Your Personal Information with our corporate affiliates, including our parent companies.
i. For Corporate Reasons: We may also share Your Personal Information as part of a sale, merger, or change in control or ownership of BM SERVICES USA or our parent companies, or in the unlikely event of bankruptcy, or in preparation for any of these events. If such an event should happen, the new entity would have the right to continue to use Your information, but only in the manner that is set out in this Policy, unless You otherwise agree.
j. With Your Consent: To other third parties that You provide consent to share or have requested that we share Your information with.
BM SERVICES USA maintains a comprehensive Information Security Program that employs commercially available physical and IT securitization tools, including but not limited to:
Unfortunately, however, there is no way to completely eliminate the risk of a data security incident. If we do suffer one that affects any of Your Personal Information, we will report the same to You per applicable data breach notification laws.
We also ask that You do Your part to keep Your account information safe and secure, by creating a sufficiently complex password for Your account and not sharing it with third parties, as outlined in our Terms of Use Policy. If You have any questions about the cybersecurity of our Website, You can send an email to privacy@bmservicesusa.com
| Categories of Personal Information | Categories of Sources of This Information |
| Identifiers (i.e., a legal name, nickname, physical home address, internet protocol address, email address, phone number, an online identifier, driver’s license number, etc.) | Information You provide directly to us or collected from our Website. |
| Biometric Information (i.e., photographs and video) | Information that may be collected by our Website or that You provide directly to us. |
| Internet Activity (i.e., browsing history, WiFi use, and internet search history | Information You provide directly to us, collected from You from our data analytics providers, or allow us to collect and use from Your devices. |
| Professional or Employment Information (i.e. where a person currently works, wants to work, or has worked in the past) | Information You provide directly to Us or gathered from Your use of our Website. |
| Geolocation Data (i.e., data describing Your current and past whereabouts) | Information You provide directly to us or is collected from Your use of our Website. |
| Financial Information (i.e., Your bank account number, or Your retirement account information). | Information You provide directly to us or is collected when You purchase our products on our Website. |
Our Website and products are not made for, marketed to, or directed at, children under the age of 16 years of age. We do not sell or share the Personal Information of persons under 16 years of age.
We may collect or share the Sensitive Information of Customers, but only to provide the services or the products that those Customers had requested more information about or opted into receiving more information about. If You are a job applicant, we may also need to collect some of Your Sensitive Information in order to process Your application, but we do not use it for any other purpose besides than to vet You as a potential employee and if You are hired, then to support and enable Your employment.
As noted above, we do not sell Your Personal Information. We do need to share Your Personal Information with third parties for our business purposes, as noted above. We do not share Your Personal Information for cross-contextual advertising or any other reason besides for our business purposes as noted below.
The categories of third parties that we need to share Your Personal Information with and the Categories of Personal Information that we share with those parties are:
| Categories of Third Parties | Categories of Personal Information Shared with the Third Party |
| Our service providers in order to facilitate Your purchase of our products or services. | Identifiers, Geolocation Data, Internet Information, and Financial Information. |
| Data Service Providers | We do not share Your Personal Information or Sensitive Personal Information directly with these providers, but they may receive records that may contain Identifiers, Geolocation Data, Biometric Information, Internet Information, and Financial Information. |
| Legal Representatives | Depending on the need, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, and Financial Information. |
| IT Service Providers | Identifiers, Geolocation Data, and Internet Information. |
| Law Enforcement, Courts, or other related Legal third parties that are not our legal representatives | Depending on the need and related law, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, and Financial Information. |
| Auditors | Depending on the need, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, and Financial Information. |
| Accounting Representatives | Depending on the need, we may need to share Your Identifiers, and Financial Information. |
| Our Affiliated Brands and Companies | We may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, and Financial Information. |
We use this information from You to provide our services and offer our products to You and for our business purposes as outlined above in Section VII.
As noted above, if You are a job applicant we may share Your Personal Information and Sensitive Information as needed in order to support and facilitate Your application for employment and for our business purposes. We may also share Your Personal Information and Sensitive Personal Information as needed in order to provide our services and products to You and for our business purposes. Specifically, these categories of “business purposes” are:
We offer price discounts, services and other perks for members of our programs, including, Advantage, Maintenance+, and Priority+ programs. Through these offerings, You may be asked to provide us with any or all of the categories of Personal Information set out above in section XII(a) of this Policy depending on how You choose to interact with us when and after You opt-in to one of our programs. There is no obligation to opt-in, which can be done online through the membership form on the Website or by calling 305-522-9730. You may opt-out at any time in the same fashion. The details of each program are contained in the program offering, which can be found by clicking the “Membership” tab located at the header of the Website. The value to our business of Personal Information is dependent on a number of factors, including, for example, whether and to what extent You take advantage of membership offerings. We do not calculate the value of Personal Information in our accounting statements. We make this good faith estimate for California residents. To the extent we create overall value from our programs to our business that could be directly or reasonably related to the value of the Personal Information we collect from You, the method for calculating the value would include: the costs related to maintaining the program including but not limited to IT infrastructure and delivery of program offers; and whether the sales generated by the program exceeds the cost to us of offering the program including the value of discounts to You.
If You would like to exercise any of the rights listed above with regards to Your Personal Information, then please contact us, or have Your registered agent contact us, at privacy@bmservicesusa.com.
If You want to review and request changes to Your Personal Information, You may also email or call us as noted below, and we will then provide You with detailed instructions on how to do so.
| Categories of Personal Data |
| Identifiers (i.e., a legal name, nickname, physical home address, internet protocol address, email address, phone number, an online identifier, driver’s license number, etc.) |
| Biometric Information (i.e. photographs, and video) |
| Internet Activity (i.e., browsing history, WiFi use, and internet search history) |
| Geolocation Data (i.e. data describing Your current and past whereabouts) |
| Financial Information (i.e., Your bank account number, or Your retirement account information). |
We process Your Personal Data to provide our services and products to You and for our business purposes as described above.
We may need to share Your Personal Data with the following Categories of Third Parties:
If You would like to exercise any of Your rights under VSCPA, then please contact Us at privacy@bmservicesusa.com.
If You want to review and request changes to Your Personal Information, You may also email or call us as noted below, and we will then provide You with detailed instructions on how to do so.
Our Website, products, and services are not made for, marketed to or directed at children under the age of 16 years of age. We do not sell the Personal Information of persons under 16 years of age. In the event that we learn that the Personal Information of a person under 16 years of age has been collected, we will delete it immediately from our system.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. However, we do not sell, rent, or otherwise share Your data to any third party in exchange for monetary or other valuable consideration under any circumstances. If You are a California resident and want a copy of this notice, please submit an email request to privacy@bmservicesusa.com. In Your request, please specify that You want a “Your BM SERVICES USA California Privacy Rights Notice.” Please allow 30 days for a response.
DNT is a setting on some web browsers or mobile devices that can be turned on to instruct websites to disable tracking of Your web browsing activities. DNT is not currently widely adopted and does not have clear standards or guidelines as to how websites are to interpret it. Additionally, its signals can affect the functioning of certain websites. As such, BM SERVICES USA does not generally respond to these signals.
Third-parties may be using cookies or other technologies to collect Your personal information as You navigate through the internet including from our Website. As described above, You may decline these third-party cookies by changing Your browser settings.
Our Website may provide links to, or features from, other third party sites (such as third party social networks) that we do not own or control. Although we choose our business partners carefully, when You visit these third-party sites and decide to share Your Personal Information with them, You are assuming the risk of doing so. BM SERVICES USA is not responsible for nor does it assume any liability for the privacy practices of websites operated by any third parties, including those that may be linked to our Website, and including the content of those sites. You should check the applicable privacy notice and/or policy of the third-party website or application to understand how it collects and manages any information they collect from You.
As noted in our Terms of Use Policy, BM SERVICES USA does not endorse or control any other websites or applications besides our Website, nor does the act of providing a link to a third-party website or application constitute an endorsement, promotion or approval of such website or application.
We do not sell, rent, or otherwise share Your data to any third party in exchange for monetary or other valuable consideration under any circumstances unless You specifically consent to such disclosure. Pursuant to Section 603A of the Nevada Revised Statutes, residents of Nevada may, at any time, submit a request to an operator of a website in Nevada directing the operator not to make any sale of any personal information the operator has collected or will collect about the consumer. If You are a Nevada resident and want to opt-out of the sale of any personal information, please submit an email request to privacy@bmservicesusa.com. In Your request, please specify that You want to “Opt-Out of Sale of Personal Information in Nevada.” Please allow 60 days for a response.
In general, You may receive our advertisements via Matched Ads from other third-party websites and applications that You may visit and interact with, such as, but not limited to: Pinterest, Spotify, Google, TikTok, and Meta. “Matched Ads” are advertisements that we place with these providers and we do not share any of Your Personal Information or Sensitive Personal Information when we place the advertisement. To opt-out of receiving Matched Ads, please contact the applicable third-party ad network, or You can opt-out from this type of third-party tracking at any time by going to: https://www.networkadvertising.org/managing/opt_out.asp. For Meta, if we use Facebook Custom Audiences to serve Matched Ads on Facebook services, You should be able to hover over the box in the right corner of such Facebook ads and find out how to opt-out. Please note that we can only respond to and comply with opt out requests that are made directly to us, and cannot facilitate any opt out requests sent to such third-party ad networks, and are not responsible for such third-party ad network’s failure to comply with Your opt-out request.
You can always opt-out from receiving marketing communications by following the unsubscribe instructions provided in each communication. If You have an online account with us, You may be given the option to change some of Your communication preferences under the relevant “My Account” section of our Website or by calling Customer Service. Please note that even if You opt-out from receiving marketing communications, You may still receive other communications from us, such as order confirmations, notifications about account activities (e.g., account confirmations, password changes, website community postings, etc.), and other important announcements (e.g., product recalls, privacy policy changes, etc.).
You can also Opt Out of our Marketing Communications and otherwise exercise Your privacy rights here:
Any changes to the Policy will be posted directly on our Website and reflected with a new Effective Date at the top of this Policy. We encourage You to review the Policy each time You visit our Website to see if it has been updated since Your last visit.
If You have any questions or concerns about this Policy, please email us at: privacy@bmservicesusa.com.