Updated May 25, 2018.
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.
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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
ECigStats Data is collected in the public interest, such as to inform research, public policy and discussion (see the ECigStats FAQ
for more information about the goals of this project), and to advance and improve devices designed to be appropriate for the protection of the public health. In a FDA-regulated world, ECigStats data will also be used to meet “postmarketing surveillance” legal obligations (this just means paying attention that statistics, etc. used in scientific studies required for a device to get approval still hold true after approval). This processing is necessary to have a representative sample for these purposes.
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.