Privacy

Privacy

Plain English Summary

  • We will never sell your data to anyone – period.

  • We will use your data to personalize the EverYellow app to your individual needs.

  • We will use anonymised data to help us improve the EverYellow app for everyone.

  • We may use anonymised data for research and education purposes.

  • If the EverYellow app is supplied through an organization we will provide aggregated and 100% anonymised wellness data to the organisation who is the paying customer. This helps them see how well they are doing on matters of wellness.

  • We will never share any personally identifiable data with anyone without your express permission. Your permission must be granted through a double opt-in process.

  • We will happily delete all of your data at your request.

Our Legal Privacy Statement

This Privacy Policy is effective and was last updated on March 19, 2023.

The following Privacy Policies and terms of Use cover the important aspects of how EverYellow collects and uses your data in regard to the use of this website and the use of the EverYellow mobile app.

In general, and in plain English: we take your privacy extremely seriously, we avoid the use of trackers for marketing purposes, and we keep only the minimal information we need to provide you with a high quality of service.

To test out the EverYellow app and see if it’s for you, or not, you are not required to provide any personally identifiable information at all, you can simply try EverYellow as a guest.

By creating an account we can provide you with a better experience and let you know when updates are available. To create an account you need to provide us with your email address and you assign a password of your own choice.

You can personalize your EverYellow experience by completing a short questionnaire. The information you provide us is primarily used to enable EverYellow to personalise the audio messaging to your needs. The information also helps EverYellow understand our customers better so that we can improve the product, create valuable content and add meaningful features.

From time to time we may reach out to our community for more information and feedback to help us create the best products and services possible. You do not have to answer these requests and you can opt out at any time.

Our mission is to bring the power of mental fitness and strength to millions of people around the world. We can’t guarantee that EverYellow will work for you, but we will work tirelessly to make EverYellow effective for as many people as possible.

If you need help or have questions, please email us at support@everyellow.com.

Website Privacy Policy

The following policy (the “Web Privacy Policy”) governs your use of our Website and the use of your private information. This Web Privacy Policy creates a binding legal agreement between you and us and your access to the Website, Products and Services is subject to this Privacy Policy. We reserve the right to update and change this Privacy Policy at any time by posting updates and changes to the Website. You are advised to check our Privacy Policy from time to time for any updates or changes that may impact you.

1. The Data We Collect
(a) When you use our Website, we may collect personally identifiable information that you provide to us, such as your name, email address etc.

(b) When you send an email or other communication to EverYellow, we may retain those communications in order to process your inquiries and respond to your requests.

(c) EverYellow uses certain user information to better understand how visitors use our Website. This information is commonly made available by web browsers and servers and may include data about browser type, language preference, referring site, and the date and time of each visitor request.

2. Company’s Use of Data
(a) EverYellow maintains and processes your personal information in order to provide certain services such as signing up to our mailing list.

(b) EverYellow uses your name and email address to notify you of updates, as well as other information.

(c) EverYellow may also process information for analysis of interaction data in order to improve our Website and ensuring the technical functioning and performance of our Website.

(d) To operate the Website, we may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but Company will attempt to notify you, to the extent permitted by law to do so.

(e) EverYellow does not share any information of any kind whatsoever to 3rd parties for any other purpose other than that outlined in (g).

(f) EverYellow does not knowingly collect personal information from individuals under the age of 18 without consent from a parent or legal guardian. If you believe EverYellow has inadvertently collected such information, please contact us at support@everyellow.com, so we can promptly obtain the appropriate consent or remove the information.

(g) Information collected by EverYellow may be stored or processed on computers located in any country where EverYellow does business. EverYellow takes reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure or destruction of data. EverYellow encrypts the transmission of data on pages where you provide personal information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.

3. Miscellaneous
(a) This Privacy Policy constitutes the entire agreement between you and EverYellow with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.

(b) In the event that any provision or part of this Privacy Policy shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.

(c) EverYellow reserves the right, in our reasonable discretion, to make modifications to this Privacy Policy from time to time. Any such modifications will be made by updating and posting a new version on the Website. Wherever possible we will notify you of the revised Privacy Policy. In the event that EverYellow makes changes to this Privacy Policy, we will provide you with the opportunity to review and approve the terms prior to your continued use of the Website. Should any modification be unacceptable to you, your sole recourse is to discontinue use of the Website.

(d) The provisions of this Privacy Policy are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that EverYellow shall have the right to assign this Privacy Policy and/or any of the rights herein and this Privacy Policy shall be binding upon and inure to the benefit of EverYellow’s assignee(s) hereto and their respective successors, assigns and legal representatives.

(e) No failure by either party to pursue any remedy resulting from a breach of any provision of this Privacy Policy by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breaches unless such waiver is in writing and signed by an authorized representative of the non-breaching party.

(f) Any notice, demand or other communication which may or is required to be given under this Privacy Policy must be in writing and must be: (i) personally delivered; (ii) transmitted by New Zealand postage prepaid mail, registered or certified mail, return receipt requested; (iii) transmitted by reputable overnight courier; (iv) transmitted by legible facsimile, with confirmation of receipt;or (v) transmitted by electronic mail, with confirmation of receipt.

(g) This Privacy Policy shall be governed in accordance with the laws of New Zealand, applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the federal and state courts located in New Zealand

4. Surveys.
From time to time we may provide you with the opportunity to participate in web-based surveys. If you participate, we will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you, therefore, have a choice whether or not to disclose this information. We use this information to better understand who uses our Website, Products and Services and how we can make them better.

EverYellow may use a third-party service provider to conduct these surveys. We will not share the personally identifiable information you provide through a survey with any other third party unless we give you prior notice and you elect to permit the provision of that information to the third party.



Mobile App Privacy Policy

This privacy policy governs your use of the mobile application EverYellow (“Application”) that was created by EverYellow Ltd. The Application is a mental fitness product which aims to assist users to develop mental strength and wellbeing.

1. User Provided Information
The Application obtains the information you provide when you download and register the Application. Registration with EverYellow is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us. When you register with us and use the Application, you generally provide (a) your email address and password; optionally you may provide other information to allow us to personalize the Application; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) use of the Application, and; (e) information you enter into our system when using the Application, such as wellness information. We may also use the information you provided us to contact you from time to time and to provide you with important information, required notices and promotions.

2. Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real-time location information of the device?
This Application does not collect precise information about the location of your mobile device.

Do third parties see and/or have access to information obtained by the Application?
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement. We may also share aggregated, anonymized information to trusted third parties, such as universities, for the purpose of mental health research and education. We never share information to 3rd parties for marketing purposes.

We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them and have agreed to adhere to the rules set forth in this privacy statement.

If EverYellow Ltd is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Everyellow Ltd may retain other non-identifiable data indefinitely. EverYellow Ltd takes reasonable steps to ensure that the personal information we process and keep is accurate, complete, and current but also depends on our users to update or correct their personal information whenever necessary.

Children
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@everyellow.me. We will delete such information from our files within a reasonable time.

Security
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent
By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us.

Contact us
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support@everyellow.com.

EverYellow Ltd’s physical address is Saltworks, 4 Ash Street, Christchurch, New Zealand.