PRIVACY POLICY

These Privacy Policy are effective as of October 16, 2022

Ever AI Holdings Sdn Bhd is committed to the protection of the privacy rights of individuals.This Privacy Notice describes the types of information we collect from you when you visit our website and/or platform (respectively “Site” and ”Platform”) and/or use our services (“Services”). More specifically, this Privacy Policy informs you as to the categories of Personal Information that we collect or process, why such Personal Information is processed, how it is used and what rights you have.  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. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms and Conditions. “You” means any adult user of the Site, Platform and/or Services.

 

This Policy does not apply to other websites and services provided or operated by Ever AI Holdings Sdn Bhd or that are operated by companies other than Ever AI Holdings Sdn Bhd, or to business activities or practices of third parties that display or link to different privacy policies or statements. Please visit the privacy policy for the respective website or service to learn about their data collection and use if you interact with these other services.

 

When you access or use the Services, you acknowledge that you have read this Privacy Policy and understand its content. Any dispute over privacy is subject to this Privacy Policy, the Terms and Conditions accessible on Ever AI and any applicable service terms (including any applicable limitations on damages and the resolution of disputes). If any term of this Policy is unacceptable to you, please do not access or use the Services and do not provide your Personal Information.

Table of Contents

  1. Personal information we collect

  2. How we use your personal information

  3. Legal basis

  4. How we share the information we collect

  5. Data retention

  6. Data security

  7. Cookies and similar technologies

  8. Your rights

  9. Children

  10. Changes to our Privacy Policy

  11. Contact Us

1. Personal information we collect

Information you provide to us.  Personal information you may provide to us through the Service or otherwise includes

  • Business contact information, such as your first and last name, email and mailing addresses, phone number, professional title and company name.

  • Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.

  • Profile data, such as the username and password that you may set to establish an online account with us.

  • Data upon registration, such as information that may be related to our service, your email address and password.

  • Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.

  • Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.

  • Usage information, such as information about how you use the Service and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Service.

  • Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.

  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

2. How we use your personal information

 

Ever AI uses your information, including your Personal Information, for a variety of purposes and on the legal bases described in this Policy or disclosed to you in our Services, including the following :

 

  • To provide you with the Platform and Services and to respond to your inquiries and requests and to contact and communicate with you;

  • To understand and analyze how you use our Service and develop new products, Service, features, and functionality;

  • Improving and Developing the Services. We use data to understand and analyze trends to identify future opportunities for the development, promotion and improvement of our Services, in reliance on our legitimate interest in developing and improving our Services, or where required, with your consent.

  • Providing customer support. To communicate with you, provide you with updates and other information relating to our Service, provide information that you request, respond to comments and questions, and otherwise provide user support;

  • Marketing. For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you;

  • Business purposes. We may use data for other legitimate business purposes in reliance on our legitimate interests, such as to update, expand, and analyze our records, identify new customers, data analysis, to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, free trials and operating and expanding our business activities.

  • For compliance purposes. Enforcing our Website Terms of Service or other legal rights or contracts that we may enter into, or as may be required by applicable laws and regulations or requested by any judicial process or government agency; and

  • For other purposes for which we provide specific notice at the time the information is collected.

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3. Legal basis

 

  • We process this Personal Information for the purpose of providing the Services to you and our Customers, which is considered performance of a contract with you or our Customers, as applicable, including responding to your inquiries and requests and providing customer support.

  • When we process your Personal Information for the purposes of preventing fraud, protecting the security of and/or addressing problems with the Site and Services and/or for the purpose of providing you with informational newsletters and promotional materials relating to our Services, such processing is based on our legitimate interests.

4. How we share the information we collect
We may share the information we collect from Users as follows:
  • Within Ever AI Holdings Sdn. Bhd. We are able to offer you the products and services we make available because of the hard work of the entire Ever AI team. Ever AI entities disclose personal information to other Ever AI Holdings Sdn. Bhd. entities for purposes and uses that are consistent with this Privacy Notice and applicable law.

  • Third-party platforms and social media networks. If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by logging in to the Service using your account with the third-party, providing your API key or similar access token for the Service to a third party, or otherwise linking your account with the Service to a third party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

  • Service providers.  Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics).

  • Payment Processors and Online Payment Systems. We share personal information with payment processors, online payment system providers and other billing agents to process your payment for the services and products you order, as well as to provide refunds. 

  • Through Business Transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal data, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganisation, sale of assets or in the event of bankruptcy.

  • Consistent with your settings within the Ever AI Service. Please note that the User Content you submit through the Ever AI Service may be viewable by other users depending on the specific settings you and other users have selected in Ever AI.

  • Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance, fraud prevention and safety purposes described above.

  • Ever AI may use data that is publicly available in order to build demo AIs for learning and documentation purposes.  These demo AIs may be made publicly available by us.  This information will not be sold and the demo AI will not identify the name of the user.  This information will be maintained and used in compliance with this Privacy Policy.

 

5. Data retention

 

We will retain your personal data as needed to fulfill the purposes for which it was collected. We may retain your information as needed to provide you services, comply with our business requirements and legal obligations, resolve disputes and enforce our rights and agreements.

 

Following termination or deactivation of your account, we will delete your Customer Data, and anonymize your User Metrics, but may retain your contact information, user profile, and other personal data in our records. When the purpose for which your personal data was collected no longer exists and there is not a business or legal reason to retain your personal data, Ever AI will securely delete or anonymize your data. To request deletion of your personal data before the expiry of our retention period, please see the Contact Us section.

 

6. Data security

 

We take security very seriously. We take appropriate measures, including organizational, technical, and physical precautions to help protect against unauthorized access to, alteration of, or destruction of your personal data.

 

While we follow industry standards and best practices to protect your data, no transmission of data over the Internet or any public network can be guaranteed to be 100% secure.

7. Cookies and similar technologies

 

  • We use cookies and similar technologies for a number of reasons, including to help personalize your experience. Third parties through which we provide the Services and/or our business partners may be placing and reading cookies on your browser or using web beacons to collect information in the course of advertising being served on different websites. When visiting this Site, you shall be notified of the use of and placement of cookies and other similar technologies on your device as specified herein.

  • A cookie is a small piece of text that is sent to a user’s browser or device. The browser provides this piece of text to the device of the originating user when this user returns.

  • A “session cookie” is temporary and will remain on your device until you leave the Site.

  • A “persistent” cookie may be used to help save your settings and customizations across visits. It will remain on your device until you delete it.

  • First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies.

  • We may use the terms “cookies” to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above, such as web beacons or “pixel tags”.

 

8. Your rights

 

We respect your control over your personal data and, upon request, we will confirm whether we hold or are processing data that we have collected from you. You also have the right to amend or update inaccurate or incomplete personal data, request deletion of your personal data, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or fulfillment involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation.

You can always contact us as provided in the Contact Us section to exercise these rights. You may also be able to take action yourself through the methods listed below.

 

  • View, correct and delete your account information. If you use the Solution or have an account through our Websites, you can view, update and delete certain information directly through your account.

  • Opt out of communications. You can opt out of receiving future marketing communications from us by clicking the unsubscribe link within a marketing email, by responding to our emails with the subject line “Opt Out,” or by updating your profile settings. Please note that you generally can’t opt out of service related communications.

  • Deactivate your account. If you would like to stop using our Solution, you or your administrator may be able to deactivate your account. Please be aware that depending on how you use our Solution and Websites, this may not delete all of your information.

  • Turn off cookies. See our Cookie Policy to learn how to control browser based cookie controls.

 

To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this email address: contact@ever-technologies.com. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.

 

9. Children

 

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.

10. Changes of 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 Holdings Sdn. Bhd. is located in Malaysia, is the operator of the Services. If you have any questions or concerns about Ever AI’s 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 Holdings Sdn. Bhd. (202101007346 (1407645-D))

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