Last Updated: August 30, 2019
A. Information Collected
We collect two types of information from visitors to the Sites: (1) personal information; and (2) non-personal information. “Personal information” is information that identifies, or can be used to identify, you personally, such as your name, address, telephone number, email address, or company name. “Non-personal information” can be technical information that does NOT identify you personally. We note, however, that throughout time, non-personal information could become personal information through regulatory developments, technological advancements, or co-mingling with personal information. Where personal information and non-personal information are combined, we treat the combined set of information as personal information.
(1) Active Collection
We collect and store personal information from you directly, at the time you supply information to us via the Sites. For instance, if you sign up for an account or contact us with a question, we may store your communications, including any personal information you include in them, so we can effectively respond to you. The information we actively collect from you may include:
- Email address, first and last name, mailing address and billing information if you subscribe to the Sites.
- Email address if you contact us with a question or seek more information about us through the Sites.
- Name and email address if you enter or otherwise communicate in a chat room, blog or other public area on the Sites or on one of EZWAY’s social networking pages.
- Email address and name if you sign up to receive a newsletter from one of the Sites or if you otherwise request information from the Sites.
- Demographic Information, which may include your gender, age, zip code and interests, which you voluntarily provide to us on the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. Social media information, political affiliations, and interests, to get a better idea of how to serve you.
- Location information if you choose to allow us to track your location through the Sites or if your personal information indicates a certain geographic location. This information may help us provide recommendations to you based on your location, serve you with advertisements, or direct you to products or services that we believe may be of interest to you and that is marketed to people near your location.
(2) Passive Collection
We may collect information passively while you are visiting or interacting with the Sites. We call this “passive” collection because you may not know that this information is being collected. The information we passively collect from you may include:
- Internet Protocol (IP) address. Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.
- Cookies and other similar technologies. One way that we collect information passively is through cookies, web beacons, and other similar technologies. For more information on cookies and similar technologies, please see section K below.
B. Use of Information Collected Via the Sites
(1) Personal Information
We use your personal information that is collected on these Sites primarily for the following purposes:
- To alert you to updated information about EZWAY, or other third parties, or, with your prior consent, to forward promotional materials.
- To try to ensure the Sites are relevant to your needs.
- To help us create and publish content most relevant to you.
- To manage your subscriptions to the Sites, allow you access to limited-entry areas of the Sites, verify your access to your subscription accounts, and handle other customer support inquiries.
- To generate web analytics EZWAY and compile user information for marketing purposes, advertising, conducting marketing analysis, providing you, with your prior consent, with recommendations for products or services based on your profile, and promotional material planning and distribution.
- To contact you in response to proposals or inquiries that you submit on the Sites.
(2) Non-Personal Information
Non-personal information is used similarly as described above and in other ways as permitted by applicable laws, including combining non-personal information with personal information.
C. Legal Bases for Processing
We process personal information in accordance with applicable law and with transparency and fairness. Our processing activities are conducted:
- With your consent;
- In order to fulfill our contractual obligations to you;
- For the legitimate purpose of operating our business, including to improve and develop our services, for fraud prevention purposes, and to improve user experience;
- As otherwise in compliance with the law.
D. Sharing and Disclosure of Information
(1) Personal Information
We may share or disclose your personal information to the following parties and in the following instances:
- To vendors, affiliates, and other third parties to process your request for a subscription. If you choose to subscribe to the Sites, we may collect information from you such as your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to process your payment. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your subscription (for example, to process your credit card).
- To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes. These parties may use your personal information, such as your first and last name and email address, to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administrative, or business purposes. If you do not want us to share your personal information in this manner, please unsubscribe or contact us below to change your preferences.
- To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, credit card processing services, providing customer service, maintaining and analyzing data, sending customer communications on EZWAY’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
- To fulfill a request made by you. For example, if you email us a question or otherwise inquire about one of our services, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
- To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of EZWAY and its family of Sites or act in urgent circumstances to protect the personal safety of our end users.
- To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
- To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
(2) Non-Personal Information
We may share non-personal information collected on the Sites in the manner disclosed above and in other ways as permitted by law.
E. Collection and Use of Information from Children
The Sites are not intended for use by persons under the age of 13, or under the age of 16 for EU visitors. EZWAY does not knowingly collect information from visitors under the age of 13, or 16 in the EU, and in the event that we learn that a person under the age of 13, or 16 for the EU, has provided EZWAY with personal information, we will delete such personal information.
F. International Transfer of Information
If you choose to provide EZWAY with personal information, and with your prior consent, EZWAY may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the United States which does not have the same data protection laws as the EU and may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. With knowledge of these risks, you understand that:
- Your personal information may be transferred to the United States as indicated above.
G. Your Rights and Choices
Please contact EZWAY at the address below if you have questions about your personal information or if you would like to otherwise make a change to such information. You can also specifically update, change, or delete certain personal information (such as your email address, mailing address, and payment method) on the Sites by logging into your account and clicking “My Account” in the menu at the top of each page of the website.
Additionally, residents of the European Union have the right to:
- Obtain confirmation as to whether or not your personal information exists and to be informed of its content and source, verify its accuracy and request its completion, update, or amendment;
- Request the deletion, anonymization or restriction of the processing of your personal information processed in breach of the applicable law;
- Object to the processing, in all cases, of your personal information for legitimate reasons;
- Receive an electronic copy of your personal information, if you would like such a copy for yourself or to port your personal information to a different provider;
- Lodge a complaint with the relevant data protection supervisory authority.
We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to send you information about a service requested by you, to confirm a service requested by you, to send you notice of payments, to send you information about changes to our services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. However, we provide you the opportunity to exercise an opt-out choice; if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites or if you do not want us to share your personal information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personal information is collected, or by contacting us. We will process your unsubscribe request as soon as possible and in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.
I. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
J. Third Party Websites
K. Cookies and Ads
We do not use these at this time.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personal information collected via the Sites.
N. Security and Retention
We implement reasonable security measures to protect against the loss, misuse, or alteration of the information you provide us. We may use third party products and services to secure or store your information. Please understand that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to EZWAY is done at your own risk. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
O. Disputes and Agreement to Arbitrate
Notice shall be sent to EZWAY at:
25108 Marguerite Pkwy Ste 189, Mission Viejo, CA 92692
Both you and EZWAY agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the Greenbelt, Maryland area, before one arbitrator to be mutually agreed upon by both parties.
P. Choice of Law
Q. Your California Privacy Rights & Our Do Not Track Disclosures
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding EZWAY’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the address provided below.
EZWAY does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information or non-personal information.
R. Contacting EZWAY
25108 Marguerite Pkwy Ste 189, Mission Viejo, CA 92692