General Terms of Use
GENERAL TERMS OF USE
EVERNEL — contact@evernel.com
Our personal data protection policy is designed to build a relationship of trust between you and our services, in order to provide you with a positive experience in a fully transparent manner.
Through this policy, we are able to take your requirements into account and meet your expectations.
In order to respect your trust, Freecomway LLC guarantees the protection of your personal data and the confidentiality of our customers (hereinafter “Your Data”) as a primary commitment.
In the interest of full transparency, and to ensure the secure use of the EVERNEL website in all its available versions and associated applications (hereinafter the “EVERNEL Site”), we make available the manner in which we process your data, so that our services are always in accordance with respect for your rights. In doing so, we ensure the security, confidentiality, and integrity of your private life and your data across all of our platforms.
This policy guarantees that all necessary precautions to protect your data against disclosure, loss, or alteration are taken. We make all elements available to help you easily understand how we handle your data. Your data will only be retained for the time necessary for the management and processing purposes described herein. You may at any time access and modify your data through your personal account on the EVERNEL Site.
To these ends, we strive to take all necessary steps to comply with applicable U.S. data protection law, including the California Consumer Privacy Act (CCPA/CPRA), the Children’s Online Privacy Protection Act (COPPA), the Federal Trade Commission Act (FTC Act), and other applicable federal and state privacy statutes.
EVERNEL hereby commits, through this personal data protection policy, to respecting the essential principles of applicable U.S. data protection law by making available: information on the existence and terms of data processing applied here (Section 3); the rights you have regarding your data and how we apply them (Sections 6 and 10); information on any transfers to third parties; the data retention periods (Section 5); and security measures (Section 9).
WHO ARE YOU?
When we refer to “you” in this Personal Data Protection Policy, it is because this policy directly applies to you as a customer of EVERNEL, whether you have placed an order on the EVERNEL site, created a customer account without placing an order, or browsed the EVERNEL site as a visitor without creating an account or placing an order.
FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?
3.1. When do we collect your personal data?
Your personal data may be collected when you visit the EVERNEL site using cookies, when you create a customer account on the EVERNEL site, when you place an order for one of our products or services, or when you agree to subscribe to our newsletters (SMS, email).
Your personal data helps us to streamline your browsing on the EVERNEL site and to offer you a more personalized experience. We are able to process your orders more efficiently, offer installment payment options, prevent fraud, process refunds, and manage customer reviews.
3.2. Your Browsing on the EVERNEL Site
To enable your browsing on the EVERNEL site, we process your data on the legal basis of your consent.
3.3. Order Processing
To manage and process your orders, we use your data. This includes managing customer relations (including through social media), our after-sales service and remote sales operations, marketing and commercial prospecting activities for the EVERNEL site, and the management, delivery, and transportation of orders.
The performance of the contract between both parties (you and us) is the legal basis for processing this data. EVERNEL’s legal obligation is the legal basis for processing data related to product recalls. Your consent or EVERNEL’s legitimate interest, depending on the case, serves as the legal basis for marketing and prospecting activities.
3.4. Installment Payment
For orders subject to installment payment and for eligible customers, your data is processed in order to offer you this type of payment. The performance of the contract between both parties is the legal basis for data processing. However, your consent remains the basis for processing your banking data.
3.4.1. Installment Payment Provider: To offer installment payment options, we may share your personal data — including your contact details and order information — with our payment provider so that they can assess your eligibility and tailor the options to your needs. Your personal data transferred will be processed in accordance with the provider’s privacy policy.
3.5. Customer Reviews
To allow you to share your reviews with our customers and visitors, and to enable you to leave feedback on the EVERNEL site, we use your data on the basis of your consent or legitimate interest.
3.6. Payment Recovery and Fraud Prevention
To enable payment recovery and fraud prevention, we use your data. This also allows us to guarantee payment security. The performance of the contract between both parties and the legitimate interest of EVERNEL, as data controller, are the legal bases for this processing.
3.7. Advertising Management
EVERNEL’s advertising operations are managed using your data. This allows us to grow our customer and prospect databases, manage technical maintenance and prospecting activities, conduct commercial statistics and advertising campaign studies, update prospecting files, manage promotional contests and sweepstakes, and issue solicitations — excluding online gambling or games of chance.
The legal bases for the above are the user’s consent or EVERNEL’s legitimate interest.
WHERE DOES YOUR DATA GO?
Your data is shared with several internal departments of EVERNEL. It is not sent to third parties, except in the situations described below:
To process your orders, your personal data may be transmitted to several service providers specializing in banking transactions, customer relations, after-sales service, delivery, IT development, site management, or the provision of warranties or insurance.
For installment payment processing, your data may be shared with payment and transaction centers (banks, etc.), call centers for business process or customer experience management, and — for customer reviews — to a customer review management provider.
EVERNEL’s advertising operations are managed, using your data, with advertising clients and advertisers.
DATA RETENTION
The data collected by EVERNEL is retained only for the time and purpose necessary for the operations described in Section 3 of this policy.
Prospect data is retained in active archives for three (3) years from the last customer contact and is accessible by EVERNEL departments. No intermediate archiving is performed for this data (for data of administrative interest, such as for disputes, retention periods are determined by applicable statutes of limitations).
Order data is retained in active archives for five (5) years from the end of the customer’s use of the orders, and in intermediate archives for an additional five (5) years. The same applies to customer data.
Banking data is retained in active archives for the duration of the credit card’s validity period (plus one day). No intermediate archiving is performed for banking data.
Cookie usage and retention periods are detailed in Section 7 of this policy.
EXERCISING YOUR RIGHTS
6.1. You have the right to request access to, modification of, and correction of your Data.
6.2. You have the right to request restriction of the processing of your Data. This applies when you contest the accuracy of your personal data during the time needed for us to verify it; when you believe our use of your data is unlawful and you request restriction rather than deletion; when we no longer need your data for the purposes described in Section 3 but it is still needed for the establishment, exercise, or defense of legal claims; or when you have exercised your right to object while verification of our legitimate grounds is pending.
6.3. You have the right to request deletion of your Data. If you request deletion of your personal data, EVERNEL may still retain it in intermediate archived format for the time required to fulfill its legal, accounting, and tax obligations.
6.4. You have the right to object to processing carried out for commercial prospecting purposes. For email prospecting, you may unsubscribe from newsletters by clicking the “unsubscribe” link available in all newsletters, or by visiting the EVERNEL site’s contact page. For SMS prospecting, you may opt out by replying STOP to any SMS message, in compliance with TCPA requirements.
6.5. You have the right to submit post-mortem directives regarding the retention, deletion, and communication of your personal data. In the absence of such directives, your successors and heirs may contact EVERNEL to arrange access to data usage for estate settlement purposes, close the account on the site, and/or request that processing of personal data cease. You may also request that your data not be communicated to a third party in the event of your death.
6.6. You have the right to data portability.
6.7. You have the right to withdraw your consent regarding processing based on that legal basis at any time. Please note that withdrawing consent does not affect the lawfulness of processing carried out prior to the withdrawal.
6.8. You have the right to file a complaint with the appropriate regulatory authority. In the United States, you may contact the Federal Trade Commission (FTC) at www.ftc.gov or your applicable state Attorney General. California residents may also contact the California Privacy Protection Agency (CPPA) at www.cppa.ca.gov.
To exercise your rights, please send your request (including your email address, full name, a copy of your ID, and mailing address) to EVERNEL’s data protection contact by email at contact@evernel.com and/or by postal mail to EVERNEL. We will respond within one (1) month of receiving your request.
COOKIES
7.1. What is a Cookie?
When you browse a website such as the EVERNEL site, the site may — subject to your choice — place a small text file on your device (computer, phone, or tablet) via your browser. This text file is called a COOKIE. A cookie allows the website to identify your device during subsequent visits, for the duration of the cookie’s validity period. Only the entity that issued a cookie may read or modify the information it contains.
7.2. What Are Cookies Used for on EVERNEL?
Cookies can be categorized into several types. Some are issued directly by EVERNEL and its service providers; others may come from third-party companies.
7.2.1. Cookies Issued by EVERNEL and Its Providers
7.2.1.1. “Essential” Cookies: Essential cookies are required to access our site and enable functions such as placing an order. Without them, you may encounter browsing issues or be unable to complete a purchase. Essential cookies also allow EVERNEL to monitor site activity. They may be placed by EVERNEL or its service providers.
7.2.1.2. “Analytics and Personalization” Cookies: These cookies are not mandatory. They help facilitate your searches, optimize your experience on our site, better target your expectations, and adapt our offers and site organization accordingly.
7.2.1.3. “Advertising” Cookies: Advertising cookies appear in the ad spaces on our site. They improve your browsing experience by displaying relevant offers and advertisements. They target your interests in real time based on your recent browsing history on other sites, helping to avoid showing you irrelevant content. Advertising content may contain cookies from EVERNEL, its providers, or third-party advertisers.
7.2.2. Third-Party Cookies: Third parties using cookies on our site operate under their own privacy policies. These cookies are not necessary to use our site.
7.2.3. Cookies from Third-Party Applications: While browsing our site, we may include third-party applications that allow you to share content or your opinion with others (e.g., social media “Share” or “Like” buttons). These social networks may be able to identify you through these buttons even if you did not click on them, if you were logged into that social network during your visit. We have no control over the data they collect or how they use it. Please refer to the privacy policies of the relevant social networks for more information.
Social media privacy policies:
- Facebook: https://www.facebook.com/privacy/policy
- Twitter / X: https://twitter.com/en/privacy
- Google: https://policies.google.com/privacy
7.3. Browser Cookie Settings
Your browser includes various options that you can configure according to your preferences, including the ability to accept or refuse cookies on your device. Please note that if you choose to refuse certain cookies, this may affect your ability to browse the site or place orders.
If you choose to refuse or delete cookies, we disclaim all liability for any resulting impairment of our services that depends on those cookies to function.
Cookie settings by browser:
- Internet Explorer: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies
- Safari: https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac
- Chrome: https://support.google.com/chrome/answer/95647
- Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
CROSS-BORDER DATA TRANSFERS
In most cases, your data is stored within the United States. However, when our service providers are located in other countries, we may share certain data internationally. In such cases, we take the necessary steps to ensure that the data sharing complies with applicable regulations and that the protection of your privacy and fundamental rights is guaranteed — for example, through the use of standard contractual clauses or data processing agreements compliant with applicable U.S. law.
You may contact our data protection contact at contact@evernel.com for more information about cross-border data transfers.
SECURITY MEASURES
Through the technical and organizational measures we implement, we are able to guarantee a level of security appropriate to the risks to the rights and freedoms of individuals as described in Section 2. We take into account the origin, scope, context, costs, state of knowledge, purposes of the processing, and identified risks.
We are also compliant with the Payment Card Industry Data Security Standard (PCI-DSS), reflecting our commitment to security.
PROFILING AND AUTOMATED DECISION-MAKING
Through the automated processing we use (such as profiling), you may be subject to decisions that affect you. This is necessary for the conclusion or performance of the contract between you and us.
This is how we are able to automate customer identification and offer installment payment options. These processes are based on analysis of variables such as product type, services ordered, and customer profile. If the assessed risk of fraud or non-payment is too high, the installment payment option will not be offered.
In accordance with applicable U.S. law, if you wish, you may request human review of automated decisions, provide your input, and/or object to an automated decision. Please contact us at contact@evernel.com to exercise these rights.
POLICY UPDATES AND REVIEW
Our personal data policy will be updated whenever necessary to remain in compliance with applicable data protection regulations, at a minimum every three (3) years. We encourage you to review this policy periodically. Any material changes will be communicated to you via the EVERNEL site or by email.