Everpresent, Inc. is committed to maintaining privacy protections for its users.  This Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our website at www.everpresentonline.com (“Site”) or the services offered by Everpresent in connection with the Site (“Service”).  The terms “we,” “us,” and “our” refer to Everpresent, Inc.  “You” refers to you, as a user of the Site or the Service. By using or Site and Services, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

I.                    INFORMATION WE COLLECT

.  We collect “Non-Personal Information” and “Personal Information.”  Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, preferences you submit and preferences that are generated based on the data you submit.  Personal Information is information that can be used to identify or contact you or to identify other people and includes your email and other information which you submit to us through the contact us process at the Site. 

Personal Information:  To access and use elements of the Service you may choose or need to submit certain Personal Information.  You may choose not to provide us with certain Personal Information but then you may not be able to take advantage of certain features of the Site.  Personal Information we may collect includes your name, email address, phone number, descriptions regarding people and/or images in photographs/video and other information which you submit to us through the Site.  To the extent you provide us with identification information regarding third-parties, you hereby represent and warrant to the Company that you are the sole and exclusive owner of such information and all rights in such information (including copyrights) or that you have written permission from the owner to submit such information to the Company. By submitting this Personal Information through the Site, you are authorizing us to collect, store and use your Personal Information in accordance with this Privacy Policy.

                Non-Personal Information:  When you visit the Site, we may monitor your activity on the Site. We may collect various categories of Non-Personal Information, including, without limitation, anonymous usage data, general demographic information, and aggregated statistics generated from visitors to our Site.  This information will not be stored in a manner that is personally identifiable with you.  The Site does not use cookies.

        Minors:  Everpresent does not knowingly collect or solicit information from anyone under the age of 13.  If you are under 13, please do not send any information about you to us, including your name, address, telephone number, or email address.  No one under age 13 may provide any information to or on the site.

General Information and Accuracy:  Any information you provide to Everpresent must be true, accurate, current, non-misleading and consistent and relevant for the purpose for which you are providing the information.


Personal Information: Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for Everpresent, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.  In general, the Personal Information you provide to us is used to help us communicate with you and to identify people and images in photographs/videos provided by you to us.  For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.  We also use third parties, such as Picasa, to establish accounts for our customers in order to upload photographs and/or videos provided to us by the customer and identify the parties included in such photographs and/or videos.  A copy of Picasa’s privacy policy can be found at [http://www.google.com/intl/en/policies/privacy/]

Non-Personal Information: In general, we use Non-Personal Information to help us improve the Service and customize the user experience.  We also may aggregate Non-Personal Information in order to track trends and analyze use patterns on the site.  This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion. 

Mergers, Acquisitions and Similar Business Transactions:  In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred.  You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy.  If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt-out of the new information practices.  We suggest that you check the Site periodically if you are concerned about how your information is used.

Compliance with Law: We may disclose any information, including, without limitation, Personal Information, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request.


.  We implement security measures designed to protect your information from unauthorized access including encryption, firewalls and secure socket layer technology.  However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.  By visiting our Site or using our Service, you acknowledge that you understand and agree to assume these risks.


Promotional Communications: You have the right at any time to prevent us from contacting you for marketing purposes.  When we send a promotional communication to a user, the user can opt-out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail.  You can also indicate that you do not wish to receive marketing communications from us by contacting us at the email address below under “Contact Us”.

Community:  We may offer features that allow users to connect and communicate in public or semi-public spaces on the Site, including any blog or message board we may make available (collectively “Forums”).  You acknowledge and agree that you have no expectation of privacy concerning your use of the Forums.  You acknowledge that personal information that you communicate via these Forums may be seen and used by others and may result in unsolicited communications.  In addition, we generally do not remove content from the Forums, and any information you submit to such spaces may remain public, including after your account is closed.  Therefore, we strongly encourage you not to disclose any personal information about yourself in your communications via the Forums.  Everpresent is not responsible for information that you choose to communicate to other users via the Forums or in other content or material submitted to the Site.

Testimonials:  With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected].

V.                  LINKS TO OTHER WEBSITES

AND USE OF THIRD-PARTIES.  As part of the Service, we may provide links to or compatibility with other websites or applications.  However, we are not responsible for the privacy practices employed by those websites or the information or content they contain.  This Privacy Policy applies solely to information collected by us through the Site and the Service.  Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service.  The privacy policy of that other website or application will apply to your access or use of that site or application.  We encourage our users to read the privacy statements of other websites before proceeding to use them. 


.  We reserve the right to change this Privacy Policy at any time if Everpresent decides to initiate the type of transactions contemplated by the Service.  If we decide to change our Privacy Policy, we will post those changes on this privacy page and such changes shall become effective immediately.  If the changes to the Privacy Policy are significant, we will prominently post such changes on the Site prior to implementing the change and will indicate the effective date of such changes.  If you continue to access and/or use the Sites after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Privacy Policy as changed.  For this reason, you should periodically check the Site and this privacy page for updates.


.  If you are a resident of California, in addition to the rights set forth in this Privacy Policy, you have the right to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes.  


.  Our Site is hosted in the United States. Our Site is governed by United States law. If you are visiting the Site from outside the United States, please be aware that information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Site, you consent to your information being transferred to our facilities as described in this Privacy Policy.

IX.               CONTACT US

:  If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to [email protected].  If you do not wish to receive promotional communications or wish to delete or correct your information, please send an email to [email protected].

Last Updated: This Privacy Policy was last updated on September 16, 2019.