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PRIVACY POLICY

EFFECTIVE DATES: JULY 11, 2022

This Privacy Policy describes the ways in which Ever AI Technologies (“Company,” “we,” “us” or “our”) are committed to protecting the privacy of individuals who interact with us, such as our mobile application and website users and visitors, customers, business partners, leads and prospects, recipients of marketing communications, end users and event attendees (“you” and “your”).

By downloading, accessing, using and/or interacting with our Services, you agree and expressly consent to our collection, use, and disclosure of the information that you provide as described in this Privacy Policy. This Privacy Policy is incorporated by reference into the Company. Terms available at our website (our “Terms”) and are subject to the provisions of the Terms. Capitalized terms used but not defined in this Privacy Policy shall have the meaning ascribed to such terms in our Terms. If you have any concerns about providing information to us or the use of that information as described in this Privacy Policy you should not use our Services.

THIS IS A BINDING AGREEMENT BETWEEN YOU AND COMPANY. BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS PRIVACY POLICY AND THE TERMS. THIS PRIVACY POLICY CONTAINS IMPORTANT INFORMATION ABOUT COLLECTION OF PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF THIRTEEN. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

This Privacy Policy explains how the Company may collect, use, and disclose the information we obtain through our website or the Services provided pursuant to the Terms. As used in this Privacy Policy, “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as your name, address, email address, or phone number. We do not consider Personal Information to include information that has been aggregated and/or de-identified so that it does not allow a third party to easily identify a specific individual.

 

Table of Contents

  1. Information We Collect

  2. How We Use Information

  3. When We Disclose Information to Third Parties

  4. Security

  5. Children’s Privacy

  6. Links to Other Services

  7. International Users

  8. California Specific Terms

  9. Specific terms for EU users

  10. Changes to our Privacy Policy

  11. Contact Us

1. Information We Collect

We collect information, including Personal Information, when you:

  • register with and log in to our website

  • use our Services; and

  • communicate with us.

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.

A. Payment Information. If you make any purchases through our website, we may collect certain information regarding your purchase (such as your name and zip code) as necessary to process your order. You will be required to provide certain payment and billing information directly to our payment processing partners, including your name, credit card information, billing address, and zip code.

B. Using the Services. We collect information that you submit to us through our website. For example, when you post comments, make a purchase, we will collect the information you include in these submissions, including any Personal Information. 

C. Messages. We collect and process the information you provide, including any Personal Information, in the context of composing, sending, or receiving messages through our Company’s messaging function and we may collect information about your use of our Services. This includes testimonials, which may contain Personal Information.

D. Customer Support. We collect all information that you provide to us, including any Personal Information when you contact us for customer support purposes.

E. Location Data. Once you register to the Ever AI website we may collect and process information about your location. This location information is being collected based on your IP address and is restricted to the name of your city. We do not collect location information about your exact whereabouts (i.e. name of the street or accurate address). When we have location information, we may use it to optimize our Services for you and others, allowing us to customize our website, understand and improve the services and develop new products, services, or features.

F. Cookies, Automatic Data Collection, and Related Technologies. As you navigate through and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the website.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically helps us to improve our website and to deliver better and more personalised service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customise our Website according to your individual interests.

Speed up your searches.

  • Speed up your searches. Recognize you when you return to our website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small text file containing a string of alphanumeric characters placed on the hard drive of your computer. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the website.

  • Flash Cookies. Certain features of our website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

  • Web Beacons. Pages of our website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

Some content or applications, including advertisements, on the website, are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. For more information please contact us by submitting your request via contact@ever-technologies.com.

 

You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. However, if you refuse to accept browser cookies by activating the appropriate setting on your browser, you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.

 
2. How We Use Information

 

We use information collected from you to:

  • Responding to your questions or concerns;

  • Sending you administrative messages and information, those about changes to the Services, and updates to our Terms, and Privacy Policy;

  • Emailing you information or providing in-app messages about your rewards programs, new services, new features, promotions, newsletters, which you can opt-out of at any time; Sending push notifications to your wireless device to provide updates and other relevant messages. You can manage push notifications from the “options” or “settings” page for the mobile application.

  • Understand and improve the services and develop new products, services, or features;

  • Enable user-to-user communication and interaction;

  • Manage your account preferences, establish your profile and registration information;

  • Facilitate the technical functioning of our Services, including without limitation to troubleshoot and resolve issues, secure the Services, and prevent fraud and abuse;

  • Respond to customer support questions and issues and resolve disputes;

  • Create, review, analyse and share technical information;

  • Analyse trends and user traffic, track purchases and usage information;

  • Advertise our Services on third-party websites or mobile applications;

  • Market, process or fulfil promotions administered or sponsored by us;

  • Solicit feedback from users; As required or permitted by law; As we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services; Identify unique users across devices; or Tailor advertisements across devices.

  • Aggregate Data. We may de-identify and aggregate information collected through the Service and use it for any lawful purpose.

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3. When We Disclose Information to Third Parties

 

We will share your information which may include registration information, profile information, shared content, and location information with the following third parties or under the following circumstances or as otherwise described in this Privacy Policy:

  • Third-Party Business Partners, Service Providers, Contractors or Agents. We may share your information with third-party companies that perform services on our behalf, including payment processing, order fulfilment, video conferencing, scheduling, data analysis, marketing services, advertising services (including but not limited to retargeted advertising), email and hosting services, services that process and administer consumer surveys, and customer services and support. We may also share your information with third-party companies that we partner with to provide certain services to you in connection with the Services. Those partners’ collection and use of information are subject to their privacy policies and other terms. You should review such privacy policies, terms, and other agreements.

  • Analytics and Data Enrichment Services. We use third-party analytics to help understand your usage of our Services and to improve our Services. We may provide your contact information, registration information, technical information, usage data, or de-identified data or to data enrichment services, which match such information with publicly available database information, including contact and social information from other sources, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses. We use this combined information to communicate with you in a more effective and customised manner.

  • Marketing. We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes unless we have your permission. The Services may allow you to opt-in to receive communications from third parties. If you give us your permission to share your Personal Information with such third parties, then you may receive communications from such third parties and you are solely responsible for your engagement with such third parties.

  • As Required By Law and Similar Disclosure. We may access, preserve, and disclose your Personal Information or other account information if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our or others’ rights, property, or safety.

  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganisation, bankruptcy, or liquidation where the business will not continue as a going concern, receivership, sale of the Company’s assets, or transition of the Services to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable Personal Information was collected.

  • Consent. We may also disclose your Personal Information with your permission.

 

4. Security

 

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Please be aware, however, that no information system can be guaranteed to be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks. If you have reason to believe that your interaction with us is not secure, please contact us through: contact@ever-technologies.com

 

5. Children’s Privacy

 

Our Website and Products are not directed to children, as defined under applicable law. If you believe that a child has provided their information to us through our Website or Products, please contact us as detailed in the “Contact Us” section, so that we can take steps to delete it.

 

6. Links to Other Services

 

In certain sections of the Services, we may include links to external websites or applications (for example, Facebook and Twitter). However, in order to protect children from accessing these external websites, and Adult User will be required to enter a valid password or answer a security question. These websites and applications are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage you to review the privacy policies and information collection practices of those linked websites and apps, as those parties’ practices are not subject to this policy.

 

7. International Users

 

We store information about users on servers primarily located in the Singapore and we may also store such information on servers and equipment in other countries. If you are accessing our Services from outside of Singapore, please know the data and personal information you submit may be transferred to and stored on servers in Singapore or other countries. The data protection and other laws of the Singapore and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our Services, you consent to the transfer, storing, and processing of your data in and to the Singapore and other countries where we may choose to store data.

 

8. California Specific Terms

 

California residents have the right to receive, once a year from us: a) information identifying any third-party company(ies) to whom we may have disclosed (within the previous calendar year) your Personal Information for that company’s direct marketing purposes, and b) a description of the categories of Personal Information disclosed. If you are a California resident and wish to obtain such information, submit a request to us at https://help.lingokids.com/hc/en-us/requests/new with “Request for California Privacy Information” as the subject line and in the body of your message. Only information required to be disclosed by law will be included in our response.

We are committed to providing you with meaningful choices about the information collected on our Services for third-party purposes, and that is why we provide information and choices discussed throughout this Privacy Policy. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.

 

9.0 Specific terms for EU users

 

The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union. It also addresses the export of personal data outside the EU. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. It is enforceable since 25 May 2018. The GDPR replaces the 1995 Data Protection Directive.

9.1. Controller identification

 

We inform you that the provided data, will be processed by Ever AI Technologies with registered office in 12, Jalan Anggerik Aranda 31/170C, Kota Kemuning, 40460 Shah Alam, Selangor (hereinafter as the “Controller”) with the following purposes: You can contact the Controller through contact@ever-technologies.com.

9.2. Purposes

 

To know more about what categories of data we collect and how we use the information we collect, please go to Section 1 and 2 of Privacy Policy.

9.3. Lawfulness of processing

 

The legal basis for data processing is the user’s consent to it. This consent is requested through Controller’s forms during the registration – web or app.

9.4. International transfer

 

We store information about users on servers primarily located in Singapore and we may also store such information on servers and equipment in other countries. If you are accessing our Services from outside of Singapore, please know the data and personal information you submit may be transferred to and stored on servers in Singapore or other countries.

9.5 Service Providers

 

Ever AI Technologies uses a variety of third-party service providers to help us provide services related to our services. Service providers may be located inside or outside of the European Economic Area (“EEA”). We hold Data Processing Agreements (DPA) in place with all the third-party services that guarantee that adequate safeguards are put in place with respect to the protection of such Personal Data as required by EU’s GDPR Data Protection policies. We do not sell personal information to third parties.

9.6 Your Rights

 

The people who provide us with any personal data have the following rights:

a. Right of access: The data subjects shall have the right to obtain from the Controller confirmation that their data are processed properly and they shall have the right to access their personal data.

b. Right to rectification of information: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning his or her.

c. Right to erasure (to be forgotten): The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her.

d. Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

1. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;

e. Right to data portability: The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. Please have in mind that this right will not be enforceable to:

  • The third parties’ data that you have provided to the Controller.

  • The data that concern you, but have been provided to the Controller by third parties.

f. Right to object: The data subject shall have the right to object to the processing of personal data concerning him or her. You shall be able to object to the commercial communications submitting. You can exercise this right by sending us an email at contact@ever-technologies.com and clearly express the right you want to exercise.

 
9.7 Authorities

 

At Ever AI Technologies we are committed to taking data protection very seriously.  Check the Malaysia Data Protection Act website for more details about your rights. Additionally, we inform you about the possibility to make a claim before the competent control authority if you believe that the exercise of your rights was not satisfactory enough: https://malaysia.gov.my/portal/feedback

 
10. Changes to Our Privacy Policy

 

We reserve the right to change this Policy from time to time. We will post any adjustments to this Policy on this page, and the revised version will be effective the date it is posted, which is identified at the top of the page (see “Last Updated” date above). If we materially change the ways in which we process your Personal Information previously collected from you, we may notify you through our Site, Services, or e-mail or any other means prior to the update taking effect. We encourage you to review the Policy periodically, which may be updated from time to time. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically monitoring and reviewing any updates to the Policy. Your continued use of our Services after such amendments will be deemed your acknowledgement of these changes to this Policy.

 

11. Contact Us

 

Ever AI Technologies located in Malaysia, is the operator of the Services. If you have any questions or concerns about Ever AI Technologies privacy practices or about this Policy, or would like to exercise your rights in relation to your Personal Information, or if you wish to lodge a complaint about our privacy practices, you may contact us on:

Mailing address: 12, Jalan Anggerik Aranda 31/170C, Kota Kemuning, 40460 Shah Alam, Selangor

Attention: Legal Department

Submit a request: contact@ever-technologies.com

Ever AI Technologies is a subsidiary company of Ever AI Holdings Sdn Bhd (202101007346 (1407645-D) )