Privacy Policy

Updated May 9, 2017.

This Privacy Policy applies to the websites and online services (collectively, the “Site”) where it appears and governs the manner in which Evolv LLC and Dimension Engineering LLC (collectively referred to herein as the “Companies”) collect information from users of their Products and Services (each, a “User” and collectively, “Users”), and use, maintain and disclose the information collected.

The Companies’ Products and Services include but are not limited to, (1) e-vapor controller board(s) and/or device(s) (the “Evolv Product(s)”); (2) the EScribe, Device Monitor, Theme Designer, and other software (the “EScribe Suite”) and the ECigStats and ECigStats.org (https://www.ecigstats.org/) online software service (“ECigStats,” and together with the EScribe Suite, hereinafter referred to as the “Software”) that Users may install on their personal computers for use with their Evolv Products; and (3) Evolv Online Services (https://www.evolvapor.com/). Evolv Products are manufactured by Dimension Engineering LLC in coordination with Evolv LLC, which owns all of the patents, copyrights, brands and other non-product specific intellectual property related to the Evolv Products.

Information you provide through the Site

We may collect personal information from Users in a variety of ways, including, but not limited to, when Users visit the Site, create an account on the Site, place an order through our Site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, password. mailing address, phone number, credit card information, and date of birth. Users may, however, visit our Site without providing any personal information. We will collect personal information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal information, except that it may prevent them from engaging in certain Site related activities. Additional information that may be collected automatically whenever a User interacts with our Site may include an IP address, the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Information collected automatically through use of an Evolv Product

The Evolv Products also automatically collect certain information about Users and their use of Evolv Products. As set forth in our End User License Agreement, such “Collectable Data” includes, but is not limited to (1) data automatically recorded by your Evolv Products such as the statistical data associated with each puff of an e-vapor device made with an Evolv Product such as date, time, duration, temperature, energy, ambient temperature, resistance, draw volume, orientation, and other sensor and device parameter information, as determined by the Companies; (2) certain technical information relating to the Evolv Product, including the serial number; (3) GeoIP data of the computer terminal from which a connected Evolv Product uploads the “Uploadable Data” onto ECigStats.org; and (4) certain personal information from you collected through the Site, as described above. Users may opt out of data collection by not installing the ECigStats software, or by configuring the Software and/or e-vapor device to block data collection.

Uploadable Data is certain non-personal Collectable Data as determined by the Companies. When you plug your Evolv Product into a personal computer running the ECigStats software, the default EScribe Suite installation permits the automatic uploading of Uploadable Data, onto ECigStats.org, where it may be synchronized to compile aggregate and/or individual user statistics and to collect scientific data as determined by the Companies. Users may opt out of data collection by not installing the ECigStats software, or by configuring the Software and/or device to block data collection.

Web browser cookies

Our Site may use “cookies” to enhance User experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected personal information

To the extent that the Collectable Data gathered through the Site and by Evolv’s Products and Services may contain User personal information, the Companies will only use such personal information to (1) process transactions (e.g., information Users provide about themselves when placing an order will only be used to provide service to that order); or (2) to facilitate your use of the Site and its features. We do not share this information with outside parties except to the extent necessary to provide the service or with your express consent.

How we use Collectable and Uploadable Data

Evolv uses the Collectable Data and Uploadable Data to provide the Services, to initiate and conduct surveys (which users may choose not to participate in) and communicate with users, and for our own research (including clinical research), marketing, and business purposes. We may share some aggregated statistics derived from the Uploadable Data (which does not contain any information that identifies you personally) publicly through ECigStats.org. We may also share Collectable Data with third parties included, but not limited to, other users, for and non-profit companies, public health organizations, trade associations, and regulatory bodies and government agencies in connection with research and regulatory approvals, including but not limited to Premarket Tobacco Product Applications (PMTAs) with the U.S. Food and Drug Administration (FDA) for the Evolv Products and e-vapor devices made with Evolv Products. Any personal information we collect from you that is shared with third parties is done so in accordance with our Privacy Policy. The Companies maintain no control over how the publicly available aggregate data on ECigStats.org is used by third parties and are not liable for any misuse of such data. Users of ECigStats.org may view their own individual statistics.

How we protect your information

We strive to adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over an encrypted SSL communication channel. Some communications, such as Service Pack updates, which do not contain private User data may not be secured using SSL. When you purchase Evolv LLC products through the Site, Evolv LLC will forward your web browser to a third party payment processor to enter credit card information. Evolv LLC does not store your credit card information. Evolv LLC may store your address information to simplify future transactions and to use it as demographic information.

Sharing your personal information

We do not sell, trade, or rent Users' personal information to others for their own marketing purposes. We may share demographic information not linked to any personal information regarding visitors and users with our business partners, trusted affiliates and advertisers, and we may share data collected from Evolv LLC devices as described above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as hosting the Site and sending out e-mail messages, newsletters or surveys. We may share your personal information with these third parties for those limited purposes.

Upon the sale or transfer of our business and/or all or part of our assets, your personal information may be among the items sold or transferred. We may also provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, we may disclose information in response to legal process and we may disclose information in response to lawful requests by public authorities for the purposes of law enforcement and national security.

We may also share your personal information when we have your consent.

Compliance with Children’s Online Privacy Protection Act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this Privacy Policy

Evolv LLC has the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

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