Description of Users and Acceptance of Terms
The Information We Collect and/or Receive
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.
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.
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
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.
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.
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.
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 firstname.lastname@example.org 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.
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
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.
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 email@example.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 firstname.lastname@example.org.
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.
How to Contact Us
This Privacy Statement is effective March 1, 2020.
Last Updated: 03/01/2020