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What Personal Information Does Everlayer Collect and How
Cookies and Similar Technologies
How Everlayer Uses Your Personal Information
How Everlayer Shares Your Personal Information
Your Choices
Social Networking, Other Sites and Services
Retention, Location and Security of Your Personal Information
Cross-Jurisdictional Data Transfers
Individual Privacy Rights
Children's Privacy
Employment
Changes to this Privacy Policy
Contacting Everlayer’s Privacy Officer
CALIFORNIA RESIDENTS CCPA ADDENDUM CALIFORNIA
California TRANSPARENCY IN SUPPLY CHAINS ACT (SB 567)
USER GENERATED CONTENT TERMS OF USE
Unlike never before, privacy and the protection of Personal Information are of paramount concern to our customers.
We at Everlayer ( “Everlayer”, “we”,”us”,”our”) respect your privacy and are committed to safeguarding your Personal Information. This is why we want you to have a clear picture of how we intend to treat the Personal Information that you provide to us and how it will be processed and managed. This Privacy Policy describes how Everlayer handles personal information that we collect through:
We refer to our activities described above collectively as the "Services".
Your Consent
When you provide Everlayer with your personal information, you consent to Everlayer’s collection, use, disclosure, and retention of your information (“processing”) in accordance with this Privacy Policy and as otherwise permitted by law. If you disagree with anything in this Privacy Policy, do not provide us with your personal information.
Information You Provide to Us. Personal information you may provide to us through the Service or otherwise includes:
Third-Party Sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:
Automatic Data Collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our websites and other sites and online services, such as:
Information About Others. We may also collect information about you from others who know you, like your family or friends, such as when they want to ship a product (including gift cards) to your address. For example, to send the package, we’d need them to tell us your name, email, mailing and shipping addresses. We may also collect information about you from family or friends if they send you a link to a product or article on the Everlayer website. If you provide us with information about your family or friends, please make sure you have their consent to and remind them to review our Privacy Policy which describes how we use their information.
Everlayer's websites, online services, email messages, and advertisements may use "cookies" and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Everlayer to improve products and services, advertising, customer communications and the shopping experience.
For example, Everlayer may use information collected through cookies and similar technologies to recognize the user of Everlayer's websites and supplement our profile for that user, determine a user's general location to tailor the website content to that user's location, track use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve the website experience. You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of Everlayer's websites. For more information on how to disable cookies, see Section 5 below.
Everlayer may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered and opened. You may opt-out of receiving emails in accordance with this Privacy Policy.
We also use chat technologies, such as those provided by third parties such as Twilio, to operate chat features on the Service that you can use to communicate with us. We, Twilio, and other third parties may access and use information described in the Automatic Data Collection section above, and other personal information you share through online chats, for the purposes described in this Privacy Policy.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please
visit https://allaboutdnt.com/
We use your personal information for the following purposes or as otherwise described at the time we collect it:
To Provide Services. We use your personal information to:
We may combine your personal information collected through various sources, including information collected through Everlayer's websites, and information obtained from other sources such as to enhance and personalize your shopping experience on our websites and to facilitate product returns.
Research and Development. We may use your personal information for internal research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business. For example, if we learn that most users use mobile devices, we might wish to expand on that feature.
Marketing and Advertising. We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes, except that such sharing with third parties does not include sharing of personal information collected through our short code text messaging programs without your consent:
Manage Recruiting and Process Employment Applications. We may use personal information, such as information submitted to us in a job application, to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics.
Compliance and Protection. We may use your personal information to:
In addition to the above, laws may require or permit that we process your personal information for specified. This Privacy Policy should not be read as limiting our right to do so.
You have the following choices with respect to your personal information.
Exercise Your Privacy Rights. As described in Section 9 below, you may ask to access or update your personal information that Everlayer has, subject to some limitations. We encourage you to review and update information in your account before making a request.
Delete Your Profile. If you have registered for an account with us, you may delete your profile by logging into the account and selecting the “Delete my profile” option. After you delete your profile, we may continue to retain and use certain of your personal information, including for the reasons identified in the section above entitled How Everlayer Uses Your Personal Information.
Access or Update Your Information. If you have registered for an account with us, you may review and update certain account information by logging into the account.
Opt-Out of Marketing Communications. You may opt-out of marketing-related messages by using the applicable self-service unsubscribe procedure (for example, by clicking an unsubscribe link in an email, replying STOP to the short code or telephone number from which text messages are being sent or adjusting your website user account preferences), or by contacting us at support@Everlayer.com or at 1-888- 2552937. From time to time, Everlayer may use your personal information to communicate with you regarding important matters, such as information about your purchases or updates to Everlayer's Privacy Policy or the Terms of Use that govern Everlayer's websites. Because that information is important, you may not opt-out of receiving these communications.
Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this,follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit https://allaboutcookies.org/. We use Google Analytics, including the Google signals feature, to help us understand user activity and patterns on the sites. You can learn more about Google Analytics cookies
at https://developers.google.com/analytics/resources/concepts/ga
ConceptsCookies and about how Google protects your data = at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
Local Storage. You may be able to limit use of HTML5 cookies in your browser settings. Unlike other cookies, Flash-based local storage cannot be removed or rejected via your browser settings, but you can adjust the settings of your Flash player to block it. Blocking Flash storage may impede the functionality of Flash applications, including those employed by the Service. For more information on Flash local storage visit https://www.adobe.com/products/flashplayer/end-of-life.html. You can also manage your cookie preferences (including for cookies relating to advertising) by visiting our Cookie Preference Center.
Advertising Choices. You can limit use of your information for interest-based advertising by:
Declining to Use Our Online Chat Services. Any communications through our online chat services may be monitored or recorded for quality assurance and other purposes as described in this Privacy Policy. Please do not use our online chat services if you do not want us to monitor or record those communications.
Third-Party Platforms. If you choose to connect to the Service through your social media account such as Facebook, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party. Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. We have no control over those mechanisms and even
after using these opt-out mechanisms, you may receive interest-based advertising from other companies.
Everlayer retains your personal information for the period necessary to fulfill the purposes for which it was collected, or such longer retention period as may be required or permitted by any applicable law.
Everlayer employs reasonable safeguards - including administrative, technical and physical measures - appropriate to the sensitivity of the personal information in its possession or under its control in order to protect that information from unauthorized access, collection, use, disclosure, disposal, or similar risks. While Everlayer uses reasonable efforts to protect the integrity of its websites and the confidentiality of personal information that it processes, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and therefore, Everlayer cannot guarantee absolute security of your personal information.
We are a Canadian company and your information submitted by you through our websites is collected and maintained in the United States, Canada and other countries, regardless of the geographic location or country where the information originated.
By providing us with personal information, you acknowledge and agree that such personal information may be transferred to other jurisdictions for processing and storage, including in servers located across Canada and in the United States, where laws regarding the protection of personal information may be less stringent than the laws in your jurisdiction. If you do not consent to your information being collected and maintained in the United States, Canada and other countries, then you should not enter such information through our websites.
Further, such personal information may be accessible to law enforcement, national security authorities, and the courts of such jurisdictions. Where necessary to make such transfers, we will comply with our legal and regulatory obligations in relation to the personal information.
This website may be accessed by users in countries outside of Canada, however, this website is intended for use by individuals located in Canada only. We make no representations or warranties that Everlayer.com is appropriate or available for use in countries outside of Canada (such as laws relating to default cookie settings).
Subject to applicable exemptions and to the extent permitted by applicable law, you have the following rights in relation to the personal information we hold about you. When you exercise those rights, we may request specific information from you to help us confirm your identity. We may refuse a request to access or correct if we believe the change is prohibited or not required by law or cause the information to be incorrect. In cases of a refusal, we will provide you an explanation of the reasons for the refusal.
(a) Right of access
You can request us in writing to confirm whether we hold personal information relating to you. If yes, you have the right to receive a general account of our processing of such personal information and to request access to your personal information, subject to applicable laws and the provisions of this Privacy Policy. A reasonable fee may be levied if you request the transcription, reproduction or transmission of such information and you will have to provide information or documentation to verify your identity. We will inform you of the approximate cost before proceeding to respond to your request.
Your rights to access your personal information are not absolute. Access can be denied for several different reasons under applicable legislation.
(b) Right to rectification / correction
If we hold personal information about you and you believe that it is not accurate, complete and up-to-date, you can request to have it rectified by contacting Everlayer.You can help us maintain the accuracy and completeness of your information (including your Everlayer website account information) by notifying us of any changes to your information. You may update your Everlayer website account information through our websites, , or at a retail location.
If we discover that information is not accurate, complete and up-to-date, we will take reasonable steps to rectify it. We will also send any information that has been amended, where appropriate, to any third parties that have access to the information. If we refuse a request to rectify information, we will provide reasons to you.
(c) Your right to withdraw consent
To the extent we rely on your implicit or explicit consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time by contacting Everlayer. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service.
Everlayer does not knowingly collect personal information from children who are under 14 years of age without the consent of their legal guardian. Please immediately contact everlayer at the address noted below under contacting everlayer if you believe that everlayer has unintentionally collected personal information from a child under 14 years of age without the consent of their legal guardian. If everlayer learns that it has inadvertently collected personal information from a child under 14 years of age without the consent of their legal guardian, everlayer will use reasonable efforts to delete that information from its systems (except to the extent that retention of the personal information is required or permitted by applicable law).
Everlayer may use and disclose your personal information to administer and process your application for employment with everlayer and related matters. If we hire you, this personal information will be used, disclosed and retained in accordance with our employee privacy policy.
Everlayer may change this privacy policy from time to time, in which case we will notify you by posting a new version of this privacy policy on everlayer's website at everlayer.Com. In some cases, we may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the service. Any modifications to this privacy policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the service after the posting of any modified privacy policy indicates your acceptance of the modifiedprivacy policy.s
If you have any comments or questions about this Privacy Policy or wish to exercise any of your rights pertaining to personal information, please contact Everlayer's Privacy Officer by mail or email at: Everlayer - Privacy Officer, # 8, 59 Scurfield Blvd , Winnipeg, MB,Canada R3Y 1V2, or email: support@everlayer.com.
If you are a California resident and have provided us with your Personal Information, you may ask us to refrain from sharing your Personal Information with third parties, including our affiliates if they are separate legal entities, for direct marketing purposes. Please tell us your preferences in our Privacy Center ↗. Read more in our California Resident Privacy Provision Addendum.
California Residents CCPA Addendum
The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information. It should be noted that personal ninformation under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information. This section describes your rights under the Act and explains how to exercise those rights.
Right to Personal Information
As required by the Act, we will provide you the following information upon a verifiable
consumer request: (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) the categories of third parties with whom we share Personally Identifiable Information; and (5) specific pieces of Personally Identifiable Information collected. If we sold or disclosed your Personally Identifiable Information for a business purpose in the preceding 12 months, we will provide (a) a list of the categories of personal information that was sold, and (b) a list of the categories of personal information that was disclosed for a business purpose.
Right to Request Deletion of Personal Information
According to the Act, you may request that your Personally Identifiable Information be
deleted. We will comply with this request once we are able to confirm that we received a verified consumer request. Please be advised that we may deny your request to delete your Personally Identifiable Information if we need to maintain your Personally Identifiable Information in order to (1) complete a transaction, provide service or goods, or perform a contract for which the Personally Identifiable Information is collected; (2) detect any security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for these activities; (3) debug products and to identify and repair errors that impair functionality of the Service or Website; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided by law; (5) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); (6) engage in public or peer-reviewed scientific, historical, or research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; (7) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (8) comply with a legal obligation; or (9) otherwise use your Personally Identifiable Information, for internal use only, that is compatible with the context in you provide the Personally Identifiable Information.
Exercising your CCPA Rights
To request (a) information about your Personally Identifiable Information collected or (b) deletion of your Personally Identifiable Information, please visit the Everlayer Privacy
Center ↗ or send an email with your request to privacy@Everlayer.com.
We can only respond to verifiable consumer requests. A verifiable consumer request
means a request that is made by consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf. Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes your request with enough detail to evaluate and respond to your request. We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you. You are not required to create an account in order to make a verifiable consumer request. We are not required to comply with more than one verifiable request from the same consumer in a 12-month period of time. Please allow 45 days to complete your request. We will inform you if more time is required to complete, but it should take no longer than 90 days. If you have an account, we may provide our response to your account. If you do not have an account, we will provide our response according to your requested format, namely, electronically or by mail. Please note
that there is no charge for making a request, but we reserve the right to charge a fee if the request is deemed excessive, repetitive, or manifestly unfounded. We will notify you of any fee and reasons for such fee before completing your request.
Right to Opt-out of the Sale of Personal Information
According to the Act, you have the right to opt-out of the sale of your Personally Identifiable Information. Although EVERLAYER does not sell your personal information, from time to time we may use some of your personal information for advertising performance analysis and audience modeling for ongoing advertising, which may be interpreted as Data Sales under the California Consumer Privacy Act (CCPA). You can opt out of this in our privacy center ↗ and we will ensure your data is no longer used for these purposes.
Non-Discrimination
We will not discriminate against you because you exercised your rights under the CCPA including: (1) denying goods or services; (2) charging different prices or rates for goods or services through discounts, benefits, or imposing penalties; (3) providing different level of quality of goods or services; or (4) suggesting that you will receive a different price, rate, quality, or level of goods or services. Please note that if you do exercise your CCPA rights, you may not be eligible to receive discounts, track orders, return product, exercise a product warranty, get cash back rebates and other benefits from third-party merchants and other service providers since they will not be able to verify your identity and/or eligibility.
At Everlayer, we choose to partner with manufacturers who share our values and
commitments to people and planet. To enforce ethical labor practices in our supply chain, we have adopted the Everlayer Vendor Code of Conduct, which outlines the expectations of the environmental and human rights in our supply chain and which our vendors are subject to as a condition of doing business with Everlayer. In accordance with the California Supply Chain Transparency Act, the following are the actions we take in our effort to eradicate slavery and human trafficking from our supply chain.
Verification
A company must disclose to what extent, if any, it engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. The disclosure shall specify if the verification was not conducted by a third party.
At Everlayer:
All Tier 1 manufacturing locations producing Everlayer branded products must be registered with our Sourcing & Sustainability team.
Audits
A company must disclose to what extent, if any, it conducts audits of suppliers to evaluate supplier compliance with company standards for human trafficking and slavery in supply chains. The disclosure shall specify if the verification was not an independent, unannounced audit.
At Everlayer:
Certification
A company must disclose to what extent, if any, it requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
At Everlayer:
Everlayer reaches out to social media users to seek their permission to feature our
favorite content on our site, social channels, and various promotional materials. You are
reading this because Everlayer has requested your permission to use your social media content in this way.
If you choose to allow us to use your social media content (“User Generated Content”) by replying with the hashtag #ShareMPH, you agree to these Terms of Use.
Everlayer reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.
USER CONTENT LICENSE
You hereby grant to Everlayer a worldwide, perpetual, irrevocable, royalty-free, fully- paid, non-exclusive, transferable, sublicensable right to use your User Generated Content including photos, text, graphics, audio, video, location information, comments and other materials from social media sites in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Generated Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Generated Content, (ii) you own all rights in and to your User Generated Content
and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Generated Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Generated Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Generated Content. The User Generated Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Generated Content as described herein. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations. The Licensed Parties reserve the right to remove any User Generated Content from the Site and the Everlayer Properties. If you believe any content, including User Generated Content, residing on the Site or on the Everlayer Properties or displayed or used in connection with the Everlayer Services infringes any person’s or entity’s copyright rights.
INTELLECTUAL PROPERTY RIGHTS
The Site, Everlayer Services or Everlayer Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Everlayer by authorizing use of your User Generated Content or otherwise using or accessing the Site, the Everlayer Services or the Everlayer Properties.
MISCELLANEOUS
These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Everlayer’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
Last updated: January 2,2024
Everlayer's Privacy Policy
If you are unable to find the information you are looking for, please contact us
at support@everlayer.com and we’ll assist you.
When you use certain aspects of Everlayer's websites or other services, or post information to other socialn networking sites, for example, there may be links to Everlayer's Facebook or Twitter pages or you may be able to "like" a product on your Facebook account or "pin" a product on your Pinterest account, the information that you post or share in connection with these third-party sites is visible to other persons and can be read, collected, used, and disclosed by other persons, including to send unsolicited messages. In such cases, you will be leaving Everlayer's website and going to the third party's website. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or other online services that are not associated with us. Any information you provide or post to such third-party social-networking sites and other sites is governed by their own privacy policies, which you may read on the applicable site. You are solely responsible for informationthat you choose to post or share in those situations. Everlayer has no control over, or responsibility or liability for the use, disclosure, and retention of the information that you disclose in those situations, and the disclosure, and retention of the disclosed information is not subject to this Policy. Please be careful when disclosing your information in those situations.