Legal
PRIVACY POLICY
Updated: May 3rd, 2022
Hexatonic LLC d/b/a Everwave recognizes that its customers, visitors, users, and others (known collectively or individually as “Users”) who use the everwave.xyz website and our mobile platforms and other services (collectively, the “Service”) value their privacy. This “Privacy Policy” explains how information about you is collected, used and disclosed by Everwave and our subsidiaries (collectively, “Everwave”, “we” or “us”) when you use our Service, including without limitation when you upload User Content to the Service or create Versions and Waves (as each are defined in our Terms of Service) or when you otherwise interact with us. By using the Service, you are accepting the practices set out in this Privacy Policy and the applicable Terms of Service.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and in some cases we may provide you with additional notice (such as sending you a notification by email). We encourage you to review the Privacy Policy whenever you access the Service to stay informed about our information practices and the ways you can help protect your privacy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.
User Information
Non-Personally Identifiable Information
When you use the Service or register an account (either on your computer, mobile phone or other device), Everwave’s servers may collect certain aggregate information or other information that does not reveal your identity (collectively, the “Non-Identifiable Information”). The Non-Identifiable Information may include (i) information that your computer, mobile phone or device sends or transmits, including your device type, model, manufacturer, operating system, version info, IP address, ID number (for example, your UDID), user settings, and information about your use of the Service such as promotions viewed, purchases made, and information you submitted, (ii) search terms you used, or which referring/exit pages brought you to the Service, and date and time of such information, (iii) non-personally identifying information provided by you, such as your gender, age or date of birth, (iv) information about or from another content delivery platform, and (v) information derived from such above information and other third party sources such as offers and advertisements viewed on the Website, or any information provided by affiliated partners.
Personal Information You May Provide To Us
When you use our Service or register an account, we collect a wide variety of information about you, including but not limited to, the answers you provide to our proprietary questions and the information you submit to us (i.e., User Content). Some of the information that you provide to us is personally identifiable information—information about you that can be used to contact or identify you, and information on your use or potential use of the Service and related services (“Personal Information”). Personal Information that we might collect may include things like your name, mobile phone number, other phone numbers, email address, home address, credit card billing information and other submissions provided by you. Personal Information may also include other information you supply to us concerning your preferences and interests expressed in the course of using the Service. Unless otherwise stated herein or with your permission, Personal Information will be confidential.
Payment Information
To process payment, we may require Personal Information such as your name, address, phone number, email address and bank/digital wallet information. Such information is used primarily to process payment. Transactions are processed through industry standard Secure Socket Layer (SSL) and/or strong encryption by a third party, which only uses your information for that purpose.
Emails and Telephone Calls
We require an email address from you when you register an account or use the Service. We use your email for both transactional (e.g., order confirmation, refund and renewal processing, and follow-up questions) and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. Email messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the email was opened and what links (if any) were clicked. If you would rather not receive promotional emails from us, you may opt out from within your account. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with the Service. If you would rather not receive telephone calls or text messages from us, you may ask to be removed from our contact list if you receive a call or text message from us. We fully comply with the requirements of the U.S. CAN-SPAM Act.
Demographic Data
We also collect demographic data on the Service. We use this data to tailor our users’ experience on the Service, showing content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers as Non-Identifiable Information.
Online Survey Data
We may periodically conduct voluntary user surveys. We encourage our users to participate in such surveys because they provide us with important information regarding the improvement of the Service. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any Personal Information, and all responses are anonymous.
Information About You We May Obtain Through Other Sources
We may also receive Personal Information provided by affiliated partners or third parties in the course of your using their services, or from third parties subject to the limitations of the privacy policies of those affiliated partners or third parties.
Collection of Information Log Files
Any time you visit the Service, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the Service, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. We do not share the log files externally.
Cookies
We use “cookies” to keep track of some types of information while you are using the Service. Cookies are very small files placed on your device, and they allow us to count the number of visitors to the Service and distinguish repeat users from new users and/or visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of the Website; therefore if your browser is set to reject all cookies, the Service will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality. We do not link the cookies to any Personal Information.
Usage Tracking
We may also use data collection tags or directives such as “pixel tags,” “clear gifs,” Javascript scripts, API calls, or similar means (individually or collectively, “Usage Tracking”) and the demographic or psychographic data we have collected, and with third-party analysis partners, to analyze usage patterns of users anonymously and to serve promotional material to you that are tailored based on the analysis of what we believe you would respond favorably to in light of the information that we have collected or accessed about you as described above. A “pixel tag” is a small, electronic image, often a single pixel and often transparent, that is placed on a web page and may be associated with cookies on your hard drive. We do not link Usage Tracking to any Personal Information.
Use of Information
We may use information about you for various purposes, including to:
Provide, maintain and improve the Service, including to provide additional features and content;
Respond to your comments, questions and requests and provide customer service;
Send you technical notices, updates, security alerts and support, and administrative messages;
Communicate with you about products, services, offers, promotions, and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage and activities in connection with the Service;
Personalize and improve the Service and provide advertisements, content or features that match user profiles or interests;
Link or combine with information we get from others to help understand your needs and provide you with better service;
Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity
Make payments to you through your account and digital wallet; and
Carry out any other purpose for which the information was collected.
We are based in the United States and the information we collect is governed by U.S. law. By registering an account, accessing or using the Service or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Everwave's rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have against a third party, including a government request to disclose your information.
Sharing Information
We will not share your Personal Information with anyone else except to provide the Service, when Everwave otherwise has your permission, or under the following circumstances:
Non-Personally Identifiable Information
As discussed above, we may share with third parties or the public aggregated information in a form that does not disclose your Personal Information, or is reasonably likely to allow you to be personally identified, for industry analysis, demographic profiling and similar purposes. we share this aggregated information so that its partners also understand how interested users are in their events and services, so that they may also provide you with an optimal online experience and provide opportunities for future brand partners.
Compliance with Laws and Law Enforcement
Everwave cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Everwave reserves the right to track IP addresses for the purposes of fraud prevention, and to release IP addresses to legal authorities. Everwave will disclose information about you to government or law enforcement officials or private parties when Everwave believes reasonably necessary to comply with law, to protect the property and rights of Everwave or a third party, to protect the health and safety of the public or any person (such as when harm or violence against any person (including you) is threatened, or to prevent or stop activity Everwave may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.)
GDPR
A new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Center and Privacy Settings to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
Right of Access - the right to be informed of and request access to the personal data we process about you;
Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
Right to Erasure - the right to request that we delete your personal data;
Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
Right to Object –
the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
the right to object to your personal data being processed for direct marketing purposes;
Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how we use your personal data, we provide you with the ability to opt out of any data collection by emailing contact@everwave.xyz with the specific opt out request.
If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from Everwave (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).
You can find out more about the GDPR rights described above and the controls we provide to all users of the Service with respect to these rights by contacting us at contact@everwave.xyz. We will respond to your request within a reasonable period of time upon verification of your identity. If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with your local Data Protection Authority.
California Residents
If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party's direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request, please contact us at contact@everwave.xyz or at our mailing address, listed below
Disclosure to Protect Abuse Victims
Notwithstanding any other provision of this Privacy Policy or the Terms of Service, we reserve the right, but has no obligation, to disclose any information that you submit to the Service, if our sole opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limi tation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosure.
Business Transfers
We may sell, transfer or otherwise share your Personal Information in connection with a merger, acquisition, reorganization or sale of our assets or in the event of its bankruptcy; this is the only case in which we may sell Personal Information it collects from you or from your use of the Service. If such a transaction occurs, you will be notified if there are any material changes to the way your Personal Information is collected or used.
Security
We will have extensive security measures in place to protect the loss, misuse, theft, disclosure, access, destruction and alteration of the information stored in our database. These measures include the use of Secure Socket Layer (SSL) and/or strong encryption technology during payment transactions and administrative access to site data, as well as other proprietary security measures which are applied to all repositories and transfers of user information. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
Links to Other Sites
The Service may contain links or API’s (e.g. data or content exchange interfaces), to external services or websites of other partners or services, including any affiliated partners, for information or functionality of services. If you choose to visit a partner or third-party website by “clicking on” or selecting a button, service, or click on another third party link, you will be directed to that third party’s resources. The fact that we may link to or incorporate a partner's services, functionality, or website, is not an endorsement, authorization or representation of its affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party services, functionality, websites or other resources, including their use of personal information, and you should exercise caution when deciding to disclose any Personal Information to a third party. We encourage you to read the privacy policies or statements of the other websites you visit to learn more about their privacy practices. These other parties may place their own cookies or other files on your computer or device, collect data or solicit personal information from you. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. This Privacy Policy only applies to the Service, and neither us or our affiliates are responsible for the privacy practices or the content of other websites.
Third Party Advertising
We may use third-party advertising agencies or other service providers to serve ads on the Website on behalf of Company or third-party advertisers (e.g., retailers of goods or services). These companies may employ cookies and usage tracking to measure advertising effectiveness. Any information that these third parties collect via cookies and usage tracking is completely anonymous. Some of these third-party advertising agencies may be members of the Network Advertising Initiative, which offers you the option to opt out of ad targeting from its member agencies by following the procedures listed here. Third Parties, with whom we partner to display advertising based upon your web browsing activity, may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here. You may stop or restrict the placement of technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice. Please note you must separately opt out in each browser and on each device. Advertisements on third-party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
“Do Not Track.”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Age Restrictions
The Service is not directed to persons under thirteen (13). If you become aware that your child, under the age of thirteen (13) has provided us with Personal Information please contact us at contact@everwave.xyz. We do not knowingly collect Personal Information from children under the age of thirteen (13). If we become aware that a child under the age of thirteen (13) has provided us with Personal Information, we will take steps to remove such information and terminate the child's account and use of the Service.
Links to or Access from Other Sites
You may be able to access your account or content of your account from third party sites, such as social networking sites, by way of various applications. The privacy policies and practices of such sites in connection with information you disclose on such sites may differ from our practices set forth in this Privacy Policy, and you should review their policies and practices to ensure that the privacy of the information you submit on their website does not conflict with and is consistent with how you wish your information to be treated. Such sites may also place their own cookies or other files on your computer, collect data or solicit personal information from you. We are not responsible for the privacy policies or practices or the content of any other websites that may provide access to, or be linked to or from, this Website, including that of any social networking sites and third party advertisers whose offerings require you to navigate away from the Website.
Your Choices
If you wish to opt out of the Service, remove any information, including Personal Information, from the Service, update any Personal Information or unsubscribe to any promotional emails and newsletters you may contact the Everwave at the following contact@everwave.xyz.
Additionally, in accordance with applicable law, you may have the right to:
Access to/Portability of Personal Information about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Information transferred to another party.
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal Information or we may refer you to the controller of your personal information who is able to make the correction.
Request Deletion of your personal information, subject to certain exceptions prescribed by law.
Request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your Personal Information to third parties, if applicable, where such requests are permitted by law.
If you would like to exercise any of these rights, please log into your account or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
Account Information
If you are a registered user of our Service, we provide you with tools and account settings to access or modify the Personal Information you provided to us and associated with your account. You can also permanently delete your account. If you send a termination notice to contact@everwave.xyz. your account will be deactivated and then deleted. For up to thirty (30) days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. After thirty (30) days, we begin the process of deleting your account from our systems.
Subscriber and Promotional Emails
We may send promotional or subscriber emails to your device. When you first launch any features of the Service, you will be asked to consent to our ability to send subscriber emails to you. If you initially consent to subscriber emails, you can subsequently stop the emails by clicking ‘unsubscribe’ in the email or by contacting us at contact@everwave.xyz
Data Retention
Because users may make purchases through the Service repeatedly, we retain the Personal Information for continued service and convenience purposes until you advise us not to do so. Notwithstanding the foregoing, we may retain Personal Information in order to comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce the Terms of Service or other agreements, or for any other legally permissible purpose.
Contact Information
If you have any questions about this Privacy Policy, the Terms of Service, or the practices of the Website, you can contact the Everwave at:
Everwave
1320 Northside Avenue Berkeley
San Francisco, 94702
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