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EVEREST EFFECT PRIVACY POLICY

We at Everest Effect, Inc. (“Everest Effect” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we all care deeply about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Everest Effect in connection with our Services, which are made available to you through a variety of platforms, including, but not limited to, www.everesteffect.com (the “Website”), which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website is collectively referred to as the “Platform.”

Description of Users and Acceptance of Terms

We welcome many users to our Website, and this Privacy Policy is intended to apply to all of them.

Users that visit our Website (“Visitors”) are only allowed to view publicly-available content. By visiting our Website, Visitors agree to our Privacy Policy and the accompanying Terms of Use.

Other users sign up to access and use our Services via the Platform such as by creating a relief basket (“Members”). We also welcome guests, who access, view and/or purchase gifts from a Member’s relief basket (“Guests”). By signing up, accessing, and/or using our Platform, each Member and Guest thereby agrees to our Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use (when such term concerns Visitors, Members or Guests).

The Information We Collect and/or Receive

In the course of operating the Platform and providing the Services, Everest Effect will collect (and/or receive) the following types of information. You authorize us to collect, receive, use and share such information as set forth in this Privacy Policy.

 

Personal Information.

When you sign up to become a Member, you will be required to provide us with personal information about yourself, such as your first name, last name, and e-mail address. If you sign-up through Facebook, or any other social media website, you are authorizing Everest Effect to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc., or such other social media company would provide to Everest Effect through their application programming interface (“API”). Such information may include, without limitation, your first and last name, social media username, social media profile picture, unique social media identifier and access token, and e-mail address.

If you contact us via the Contact Us page, you will need to provide your name and email address. Our Third Party Partners also provide us with personal information that you have provided to such Third Party Partners. You authorize us to collect, store, and use, in accordance with this Privacy Policy, any and all such personal information. This Privacy Policy governs our use of this personal information; it does not govern, and we have no control over and will have no responsibility or liability for collection or use of your personal information by the Third Party Partners.

All information that we receive under this section is collectively called “Personal Information.” We do not collect any Personal Information from Visitors, Members or Guests unless they provide such information voluntarily.

 

Other Information.

In addition to the Personal Information, we may collect or receive additional information (collectively, the “Other Information”). Such Other Information may include:

From Your Activity.  Information that we automatically collect when you use the Platform, such as the device from which you access the Platform and/or the Services, your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Platform you visit, and similar information concerning your use of the Platform and/or the Services.

From Cookies.  Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Platform. We provide you notice of such cookie collection upon accessing our Platform. If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Platform, although your ability to use some of the features may be affected.

Third-Party Analytics.  We use third-party analytics services (such as Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Platform, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform.

For Google Analytics, please visit https://www.google.com/analytics

 

Expectations of Third-Party Partners

Everest Effect expects all partners and any third parties we conduct business with to comply with relevant data protection and privacy laws at all times. We take every commercially reasonable step to ensure consistent compliance on our end. Transparency is becoming more of a focus for lawmakers when drafting new data privacy laws, so we have made it a priority to ensure all users of our site have the ability to find out how their data is being used, for what purpose, and for how long. We expect the same from all of our partners and any third parties, and will do our best to ensure that we do not conduct business with any individual person or entity that is not compliant with all relevant laws. If any user wishes to receive information pertaining to the use or collection of their personal data at any time, we expect all of our partners to be able to provide that information as necessary. If there is a breach of contract due to the failure of a third party to produce information, an injunction may be sought against that third party to suspend their business operations until they become compliant, and monetary damages may be sought for the actual breach.

 

The Information Collected by or Through Third-Party Advertising Companies

You authorize us to share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform, and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. You may opt-out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our providers or third party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp

Information Collected through the Platform That IS NOT Covered by this Privacy Policy

Members may post information using blogs, forums and other similar features available through the Platform. NONE of the information you provide using these features is protected by this Privacy Policy. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING BLOGS, FORUMS OR OTHER SIMILAR FEATURES AVAILABLE THROUGH THE PLATFORM. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE SEEN, COLLECTED OR USED BY ANY USER OF THE PLATFORM.

 

How We Use and Share the Information

You authorize us to use the Personal Information, and the Other Information (collectively, the “Information”) to provide and improve the Platform; to solicit your feedback; and to inform you about our products and services and those of our promotional partners.

You also authorize us to use and/or share Information as described below.

  • Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. 
  • Aggregated Information. In an ongoing effort to better understand our Visitors, Members and Guests, we may analyze Personal Information with Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Platform. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Platform to current and prospective business partners and to other third parties for other lawful purposes.
  • Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • Legal Requirements. We may disclose your Information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Platform, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of vendors, users of the Platform or the public.
  • Third Party Partners. We may disclose your Personal Information to our Third Party Partners to whom you provided your information as a part of the sign-up process for the Platform. Such Third Party Partners and the company who operates the Third Party Partner website may use your Personal Information for their own marketing and business purposes.

 

Accessing and Modifying Information and Communication Preferences

Members may access, remove, review, and/or make changes to their Personal Information by emailing us. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Everest Effect marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Members cannot opt out of receiving transactional emails related to their account with Everest Effect.

 

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email.

 

External Websites

The Platform may contain links to third-party websites. Everest Effect has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

 

Children

We do not knowingly collect Personal Information from children under the age of 18 through the Platform. If you are under 18, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

 

Important Notice to Non-U.S. Residents

The Platform and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By visiting the Website and/or accessing and/or using the Platform and/or the Services and/or providing us with any information, you consent to this transfer.

 

Notice to California Residents

Pursuant to California Civil Code 1798.115

Effective January 1, 2020, the California Consumer Privacy Act (“CCPA”) grants California residents various rights regarding their personal information relating to that resident or household that is held or collected by a business.

 

Your CCPA Rights

CCPA provides California residents with particular rights regarding their personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information:

Right to Know. You may request an overview, in a commonly used format, of the personal information we collected in the last 12 months. You may also request additional details about our data collection practices, including the categories of personal information we may share for a business or commercial purpose, and the categories of third parties with whom we may share such personal information.

Right to Delete. You may request deletion of the personal information for any reason or ask to restrict the collecting of the personal information. However, we may retain certain information as required or permitted by applicable law.

 

Personal Information

When you sign up to become a Member, you will be required to provide us information about yourself. The CCPA defines “personal information” broadly to include “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Generally, to use our platform as a member, you provide us with your first name, last name, home address, and email address. We may also collect or receive additional information (collectively, “Personal Information”). See Other Information in our Privacy Statement page for a detailed list of personal information we collect.

 

Sources of Personal Information

We collect personal information directly from you, including when you register for an account and create a profile, subscribe for newsletters and updates, purchase products as a member or as a guest, or sign up for and participate in any contests, sweepstakes, and promotions we provide.

 

Business Use and Purpose of Personal Information

We collect your personal information for business and commercial purposes, including to provide and improve our services, complete the transactions you request, create and manage your account, and respond to your requests and other customer service communications.

 

Submitting Requests

Members and guests of Everest Effect have the undeniable right to ask about and obtain a complete and accurate report on any personal information stored about them. Additionally, you may submit a request to delete the personal information we have collected. Please note that you may also designate an agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. If you choose to designate an agent, we may need to contact you to verify your identity for security purposes. We will not discriminate against you if you choose to exercise your rights under the CCPA.

To exercise your rights, you may submit a request to us by:

Sending an email to hello@everesteffect.com titled “Privacy Request,” indicating the request and specifying whether the purpose of such request is to know what personal information we have or to delete such personal information. You must include your first name, last name, and email address and specify the type of request you desire. We cannot start the response procedure if we do not have all of this information. Upon submission of the email, you will receive a receipt of notice that will prompt you to verify your email. To protect your privacy, we are required by law to first verify your identity prior to granting access to your data.

 

No Sale of Personal Information

We do not sell your personal information to any third party for monetary consideration. We do, however, employ some third party services, such as our email service provider, and some personal information may be securely transmitted to their website as necessary to provide our services. In addition, our website may contain links to third-party websites that are not owned, controlled, or operated by Everest Effect. If you follow a link to any of these sites, please note that they have their own privacy policies and that Everest Effect does not accept any responsibility or liability for these policies. Upon visiting third-party sites, please review these policies before disclosing any personal information.

 

Minors’ Privacy

Our services are not intended for children under the age of 18. Everest Effect does not target our services to children under 18.

 

California “Shine the Light” Law

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Everest Effect may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes by unsubscribing to our email list. If you are a Member, you may unsubscribe directly from your account settings page. If you are a Guest, you may do so by clicking the “unsubscribe” link located in the footer of an email from us. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for direct marketing purposes, please email hello@everesteffect.com with “Privacy Policy” in the subject line.

In addition, Everest Effect does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

 

For Residents of the European Union

European Privacy Rights

For those within the European Economic Area (EEA), the General Data Protection Regulation (GDPR) that went into effect on May 25, 2018 has afforded you certain rights to your personal data. These rights are as follows: (a) the right to access any personal information being held about you, (b) the right to have any personal information being held about you permanently deleted (provided that the information is not required to comply with a legal obligation or to exercise a legal claim), (c) the right to rectify any inaccurate personal information without undue delay, (d) the right to restrict processing of your personal information (provided that processing is not required to comply with a legal obligation or exercise a legal claim), (e) the right to request transfer of your personal information directly to a third party if technically feasible, and (f) the right to object to processing of any personal data at any time.

 

Right to Object to Direct Marketing

All users can object to the processing of personal information for the purposes of direct marketing at any time, free of charge.

If you feel that we are not adhering to the GDPR or our Privacy Policy at any time, you have the right to file a complaint with an EU Data Protection Authority.

 

Use of Collected Information

Everest Effect will only use the information collected from and about you on the following lawful grounds:

Use is necessary to perform a contract we have entered into or are about to enter into with you;

Use is necessary for our legitimate business interests;

Compliance with a legal or regulatory obligation is required; or

Where consent has been provided (which can be withdrawn at any time)

If none of these conditions will be satisfied by the use of your personal information, then such information will be permanently deleted from our system accordingly.

In addition to the personal information you provide to us, we may also use publicly available information as well as information gathered from you by third parties to improve your shopping experience, inform you about new products or promotions, or for any other legitimate business purpose.

 

Right to Erasure

All users of Everest Effect have the right to request that any and all Personally Identifiable Information (PII) associated with their account be erased. Once a data subject access request (DSAR) is filed and customer identity is verified, the Company must respond to and fulfill such request within 30 days. When an account is “erased,” all PII associated with the account will be permanently deleted, leaving the existence of an anonymous account solely for the purpose of maintaining proper transactional records. The right to erasure strictly pertains to PII, and it must be explicitly understood that transactional history will not be deleted from the Company’s records for any reason. The right to erasure exists to protect users of websites from having their PII stored, transferred, or otherwise utilized by another entity in any manner without proper consent. It will not extend so far as to limit the financial responsibilities and legal obligations that Everest Effect has to its customers, employees, partners, and the authorities.

 

Right to Access

All users of Everest Effect have the undeniable right to ask about and obtain a complete and accurate report on the data being stored about them. If you would like to request a report on the data we are storing about you, email us at hello@everesteffect.com.

 

Transmitting PII + Responding to DSARs

It is against our policy to send PII without proper safeguards. When a user requests a report on the data being stored about them, certain guidelines must be followed:

A DSAR (Data Subject Access Request) must be sent by the user whose information is being requested to hello@everesteffect.com.

The user’s identity must be verified by the submission of a photo ID that clearly shows the user’s legal name. (This is so we can match the name on the photo ID with the name on the Everest Effect account.)

Everest Effect will send the user an encrypted, password-protected email containing the PII requested.

Everest Effect will send the user a separate email containing the password that unlocks the encrypted PII in the email.

 

Option to Password-Protect Your Account

If you create a relief basket with us, you consent to us posting the names of both yourself and any other name that you provided on our website. This information may unwittingly reveal your sexual orientation to website visitors. 

 

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Platform. By accessing the Website and/or using the Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact Everest Effect via email at hello@everesteffect.com with “Privacy Policy” in the subject line.

This Privacy Statement is effective March 1, 2020.

Last Updated: 03/01/2020






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