Everlater Privacy Policy & Your Privacy Rights

We at Everlater Inc. (“Everlater”, “us” or “we”) care about your privacy and recognize that your privacy is important to you.

This privacy policy (the “Privacy Policy”) will explain to you our policies and practices regarding the collection, use, and disclosure of the Personal Information we collect from you through the Service, so that you may understand when and how we process your Personal Information. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Everlater Service Agreement, available at: www.everlater.com/terms.

This Privacy Policy is incorporated into and a part of the Everlater Service Agreement.

1. Consent

BY USING THE SERVICE OR SUBMITTING PERSONAL INFORMATION THROUGH THE SERVICE, YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY.

YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US INTHE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

2. Definitions

“Personal Information” means your contact information (i.e., your name, address, e-mail address, social networking username, or phone number) and any other non-public information that is associated with your contact information (including Content).

“Anonymous Information” means information that is not associated with or linked to your contact information.

3. Data You Submit

We collect Personal Information that you submit to us voluntarily through the Service:

• When you sign up for the Service, we will collect the username and password that you choose, and the primary e-mail address you provide to us. If you choose to sign up through a Third Party Service (such as Facebook Connect), you authorize us to access and use any information shared with us by such Third Party Service linked to your account in such Third Party Service under the terms of this Privacy Policy.
• If you choose to use the Service or Site to enter into a contest, promotion, or other activity offered or promoted by a third party, we will collect the information and Content you choose to provide to us.
• If you provide us with your e-mail contact list to enable you to send your Content to third parties, we will collect and store such e-mail addresses.
• When you enter any information, including Personal Information, into any postings or comments within the Services, we will collect such information.
• When you leave us feedback or request support, we will collect any information that is contained in your feedback or support request.
• When you contact us by sending us an e-mail, we will collect your e-mail address and any information contained in the e-mail you send us.
• When you log-in to the Service, we may collect information about the geographic location in which you logged in and will ask you to confirm your location.
4. Data Collected Via Technology

As you use the Service, our application (which is hosted by a third party) collects certain information from you, including your Internet protocol (IP) address and the browser that you use to visit the Site. Everlater may also store a small text file called a “Cookie” on your computer to store your login information (if any) and your personal preferences for the Service. Everlater may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). While you will still be able to use the Service if you disable Cookies in your browser, certain parts of the Service may not function correctly.

We may collect technical information about how you access the Site (including, but not limited to, through third party geo-location services, cell phone tower information, and other sources) in order to identify your geographic location (“Geographic Information”).

Since the foregoing information is collected when you are signed into the Service as a registered user, this information may be associated by us with Personal Information that we have collected from you.

5. Data From Other Sources

We may receive Personal Information about you from third parties (such as providers of Third Party Services), via the Service, telephone, email, or fax. We may add such data to the Personal Information we collect from you.

6. Our Use Of data

In general, Personal Information you submit to us is used by us to provide the Service to you, respond to requests that you make, to improve the Service, and to offer you additional information, opportunities, and functionality. You may choose to submit Personal Information to us through the Service in order to participate in third party contests, promotions, and offerings; we will share with such third party the Personal Information you provide to us, in accordance with Section 7, below. We may also use your Personal Information to provide you with updates about the Service and electronic newsletters, promotional e-mails, and surveys. You may opt-out of such promotional communications as set forth in Section 7, below.

If you provide us with your e-mail contact list, we will use such third-party e-mail addresses solely as you direct (e.g., to send such third parties your Content through the Service). We will not otherwise use such third-party e-mail addresses, unless we obtain such e-mail addresses through other lawful means (e.g., such third parties register with us for the Service).

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we will not associate such feedback with your Personal Information. We will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy.

We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the Personal Information personally identifiable to you. We may use this Anonymous Information to analyze usage patterns so that we may enhance the Service. We reserve the right to use and disclose Anonymous Information to third parties in our discretion.

7. Your Choices Regarding Your Data

We offer you choices regarding the collection, use and sharing of your Personal Information.

You may opt-out from receiving newsletters or other promotional communications from us by following the unsubscribe instructions in each applicable communication.

We may share Personal Information and Content with third party marketers and our third party partners for their own marketing, advertising, and promotional purposes. You may opt-out of such disclosures by sending us an e-mail at privacy@everlater.com.

If you confirm your Geographic Information through the Service, upon your request, we will share such Geographic Information through shared sections of the Site.

If you notify us that you do not wish your Personal Information to be accessed by external search engines, we will use commercially reasonable efforts to flag such pages so that such external search engines do not index such pages. However, please be aware that your Personal Information will still be searchable through the Everlater Site search engine.

Despite your indicated e-mail preferences, we may send you administrative e-mails regarding the Service or notices of any updates to our Service Agreement or Privacy Policy. You may not opt-out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to deactivate your account.

You may change any of your Personal Information or preferences in your account by editing your account profile. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from our active database, but may remain in our archives.

8. Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your personal information with third parties, unless you ask or authorize us to do so.

We may provide your Personal Information to third party service providers and suppliers who provide services to us or for us. However, these service providers and suppliers do not have any independent right to use or disclose this information except to help us provide the Service.

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), we may in the future. We may share some or all of your Personal Information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

In the event Everlater goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of Everlater or its assets may continue to use your Personal Information as set forth in this Privacy Policy.

We may disclose information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to enforce our Service Agreement and Privacy Policy; (c) to protect and defend the rights or property of Everlater, our users, or third parties, or (d) to investigate any alleged violation of law.

9. Links to Other Websites

Our provision of links to other websites or locations, including links to Third Party Services to provide you with account registration options, is for your convenience and does not signify our endorsement of such other websites, locations or their contents. For example, we may provide links to third-party partners who may offer you contests or promotions that may be co-branded with Everlater. If you leave our Site to enter into such offerings, you acknowledge that any Personal Information or Content you provide to such third party will be subject to the third party’s privacy policy and website terms of use, and not to this Privacy Policy or the Everlater Terms of Use.

We have no control over, do not review, and cannot be responsible for the Third Party Services, these outside websites or their content. The terms of our Privacy Policy do not apply to the Third Party Services, these outside websites, and any information you provide to such third parties will be governed by the third parties’ privacy policy and terms of use.

10. Shared Areas of the Service

Please be aware that if you enter any Personal Information into shared sections of the Service, such as your travel profile, and uploaded Content, that Personal Information will be displayed to anyone who has access to these sections of the Service.

Everlater has no control over, and will have no liability to you regarding, other users’ use or disclosure of your Personal Information.

11. Privacy of Minors

We do not intentionally collect or maintain Personal Information from those who are under 13 years old.

12. Security

In general, Everlater has put in place commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect, as described in Section 4 (Security) of the Service Agreement.

13. Changes in this Privacy Statement

This Privacy Policy is a living document. As part of the Service Agreement, this Privacy Policy is subject to occasional amendment, in accordance with the terms of the Service Agreement.

14. Contact Us

If you have any questions or suggestions regarding our Privacy Policy please contact us at privacy@everlater.com.