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Submitted URL: http://www.ewave.com/
Effective URL: https://ewave.com/
Submission: On September 22 via api from US — Scanned from AU
Effective URL: https://ewave.com/
Submission: On September 22 via api from US — Scanned from AU
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©2022
PRIVACY POLICY
INTRODUCTION
Please read this privacy policy (“Privacy Policy” or “Policy”) carefully prior
to using products from the eWave store (the “Product” or “Software”) operated by
Nasko Trading Pty Ltd trading as ‘eWave’ (“us”, “we” or “our”).
Your privacy is important to us. To better protect your privacy, we provide this
Privacy Policy explaining our online information practices and the choices you
can make about the way your information is collected and used.
We are committed to respecting your online privacy and recognize your need for
appropriate protection and management of any personally identifiable information
(“Personal Information”) you share with us. “Personal Information” means any
information that may be used, either alone or in combination with other
information, to personally identify an individual, including, but not limited
to, a first and last name, personal profile, a home or other physical address,
an email address or other contact information.
CONSENT AND MODIFICATION
1. By purchasing any product from the eWave store, you consent to the terms of
our Privacy Policy and to eWave processing your Personal Information for
the purposes set forth herein. If you do not agree to this Privacy Policy,
please do not use our Software.
2. eWave reserves the right to modify this Policy at any time and impose its
clauses at any given time. For example, eWave may modify existing terms to
reflect any mandatory changes to the law. You should check the Policy
regularly to keep informed. eWave will post notice of modification to this
Policy on this page or via the email address you have registered with us.
Changes will not apply retroactively. You should discontinue your use of
our Software if you do not agree with the updated Privacy Policy
RECEIPT AND COLLECTION OF INFORMATION
3. We receive and/or collect information from you in the following ways:
A. General Access
We do not currently require you to provide Personal Information in order
to have access to general information available on our site
(https://ewave.com) or through the Magento Marketplace
(https://marketplace.magento.com/).
B. Software Downloads
We may offer you the opportunity to download certain Software from our
site or through the eWave Magento Marketplace store (collectively
“Sites”) without charge. If you choose to do so, you may first be
required to provide certain Personal Information (for example, by
completing an online purchasing and pricing form), such as your name,
email address, phone number, job title, company name, country, industry,
total annual revenue, and number of employees.
C. Purchases
If you choose to purchase a service or product from us we will require
sufficient information from you to complete the transaction. Such
information could include a credit card number and related account and
billing information, invoice related information, and other data
required to process the order. We may also update such data should you
grant us permission to bill you or your credit card for recurring
charges, such as monthly or other types of periodic payments.
We may use the tools, software or services of third-party service
providers to process transactions on our behalf (but we require that
these parties agree to comply with this Privacy Policy). All information
of this nature is maintained by us in a secure database and transmitted
across the Internet from you to us using secured transmission
encryption. Except as set forth herein, we will not share your financial
Personal Information with any third person or entity.
We may provide you, via our Sites, with the opportunity to contact us,
receive an eWave newsletter or participate in conferences, webinars, or
special promotional or other programs (collectively “Events”). In order
to participate in any of these Events, you will be required to provide
certain Personal Information which may include your name, company, job
title, address, email address, and phone number.
D. Cookies and Other Tracking Technologies
Some of our Sites’ pages utilize “cookies” and other tracking
technologies. A “cookie” is a small text file that may be used, for
example, to collect information about Site activity. Some cookies and
other technologies may serve to recall Personal Information previously
indicated by a Site user. You may block cookies, or delete existing
cookies, by adjusting the appropriate setting on your browser. Please
consult the HELP menu of your browser to learn how to do this. If you
block or delete “cookies” you may find the usefulness of our Sites to be
impaired.
E. Log Files
Like many other websites, our Sites may make use of log files. The
information inside the log files includes the IP address from which you
access the Sites, the type of browser and operating system you use to
access the Sites, the date and time you access the Sites, the pages you
visit, and the addresses of pages from where you followed a link to the
Sites. We may use such information to analyze trends, administer the
Sites, track user’s movement around the Site, and gather demographic
information. Such information is not linked to any information that is
Personal Information, with the exception of the IP address which might
be used to identify spamming attempts.
PUBLICLY AVAILABLE INFORMATION
4. Any information, video, image, data, text, documents, or other content
posted at your direction onto a public area of the Sites, becomes publicly
published content and will be available to all users of that public area of
the site, even if such content contains Personal Information. Please note
that if you publish your contact information, you may receive unsolicited
messages from users and visitors to the Sites. We encourage you to publish
only information you are sure you want to be accessible to anyone.
THE WAY WE USE PERSONAL INFORMATION
5. If you submit Personal Information to us through the Site:
* We will use your Personal Information to improve our services to you, to
contact you and to identify and authenticate your access to the Site’s
services that you are authorized to access.
* We may also use your email address to send updates, a newsletter or news
regarding our services.
* We may disclose your Personal Information or any information you
submitted via the Sites and its services if we have a good faith belief
that disclosure of such information is helpful or reasonably necessary to
(i) comply with any applicable law, regulation, legal process or
governmental request, (ii) enforce our Terms of Service including
investigations of potential violations thereof, (iii) detect, prevent, or
otherwise address fraud or security issues, or (iv) protect against harm
to the rights, property or safety of eWave, its users, yourself or the
public.
6. If our store is acquired or merged with another company, your information
may be transferred to the new owners so that they may continue to sell
products to you.
THE WAY WE USE ANONYMOUS INFORMATION
7. We may use Anonymous Information, or disclose it to third party service
providers, to improve our services and enhance your experience with the
Sites and their services. “Anonymous Information” means information which
does not enable identification of an individual user, such as aggregated
information about the use of our Sites and services.
CHOICE
8. You may choose whether or not to provide Personal Information to eWave. The
notices we will provide where eWave collects Personal Information on the
Sites should help you to make this choice. If you choose not to provide the
Personal Information we request, you can still visit many parts of the
Sites, but you may be unable to access certain options, offers, and
services that involve our interaction with you.
COLLECTION OF INFORMATION BY THIRD-PARTY SITES
9. Our Sites may use a reputable third party to present or serve
advertisements that you may see at our Sites. These third party ad servers
may use cookies, web beacons, clear gifs or similar technologies to help
present such advertisements, and to help measure and research the
advertisements’ effectiveness. The use of these technologies by these third
party ad servers is subject to their own privacy policies and is not
covered by our Privacy Policy.
OTHER SITES
10. Our Sites contains links to other sites. Other sites may also reference or
link to our Site. We are not responsible for the privacy practices or the
content of such other sites.
11. We assume no legal liability or responsibility for the actions of third
parties, such as the Magento Marketplace, who may have their own privacy
policy available on their website.
CHILDREN’S PRIVACY
12. The Sites are not intended for or structured to attract children under the
age of 18. Accordingly, we do not intend to collect Personal Information
from anyone we know to be under 18 years of age.
SECURITY
13. The security of your Personal Information is important to us. We follow
generally accepted industry standards to protect the Personal Information
submitted to us, both during transmission and once we receive it. However,
no method of transmission over the Internet, or method of electronic
storage, is 100% secure. Therefore, while we strive to use commercially
acceptable means to protect your Personal Information, we cannot guarantee
its absolute security.
14. Notwithstanding anything contained in this Policy or elsewhere, eWave shall
not be held responsible for any loss, damage or misuse of the User
Information, if such loss, damage or misuse is attributable to a Force
Majeure Event. A “Force Majeure Event” means any event that is beyond the
reasonable control of eWave and includes, without limitation, fire, flood,
explosion, acts of God, civil commotion, strikes, lock outs or industrial
action of any kind, riots, insurrection, war, acts of government, power
failure, sabotage, computer hacking, unauthorised access to computer data
and storage device, system failure, virus, attacks, bugs, computer crashes,
breach of security and encryption.
QUESTIONS AND CONTACT INFORMATION
15. If you would like to: access, correct, amend or delete any personal
information we have about you, register a complaint, or simply want more
information please see our website at ewave.com.
GOVERNING LAW AND JURISDICTION
16. This Policy will be governed and construed in accordance with the laws of
Australia and by the laws of the State of New South Wales without regard to
its conflicts or law provisions.
PRIVACY LEGISLATION
17. We must comply with and conduct all instructions requested in writing by
you (acting reasonably) to enable you to comply with all requirements of
the Privacy Legislation.
18. We must, in relation to any Personal Information processed in connection
with the Product under this Agreement:
a. act only on the documented instructions of you, including with regard to
transfers of Personal Information to a country outside of the European
Economic Area (“EEA”); unless the processing is required by Privacy
Legislation or any applicable European Union or Member State law to
which we are subject; in such case, we must inform you of that legal
requirement before processing the Personal Information to the extent not
prohibited by law on important grounds of public interest;
b. ensure that it has in place appropriate technical and organisational
measures to protect against unauthorised or unlawful access to or
processing of Personal Information and against accidental loss or
destruction or disclosure of, or damage to, Personal Information. We
shall regularly, at least once a year, review, assess and evaluate the
effectiveness of its technical and organisational measures and shall
inform you of the result and send the full audit report on request; we
must inform you of any envisioned significant changes of the technical
and organisational measures at least four (4) weeks in advance of their
implementation;
c. immediately notify you of any actual or suspected unauthorised or
unlawful access to or processing, loss, destruction or disclosure of
Personal Information (“Security Incidents”), at the latest within
twenty-four (24) hours after having become aware of it, and provide you
with all relevant information, including the description of the nature
of the incident, the name and the contact details of a contact person
from whom further information may be obtained and a description of the
measures taken or proposed to remediate the incident, including
mitigation measures. This applies accordingly to any reasonable
suspicion of a breach of Personal Information or any other breach of
data security;
d. take reasonable steps to ensure the confidentiality, reliability and
monitoring of any persons who are involved in the processing and have
access to the Personal Information, in particular ensure in each case
that access is strictly limited to those persons who need to know or
access the relevant Personal Information, as strictly necessary for the
Services; further we must ensure that all such persons are subject to
confidentiality undertakings or professional or statutory obligations of
confidentiality; upon request, we shall immediately provide you with
documentation of the confidentiality obligations;
e. if Personal Information is collected from individuals within the EEA, we
may store or transfer any of said Personal Information outside of the
EEA without your written consent, which is expressly granted and
understood that all necessary measures, including any contractual
amendments, have been implemented to address the applicable requirements
for cross-border transfers of Personal Information outside of the EEA;
for such transfers outside of the EEA we both enter into the Standard
Contractual Clauses ("SCC")
(https://ewave.com/wp-content/uploads/2018/07/Standard-Contractual-Claus…);
in the event that the SCC are amended, replaced or repealed by the
European Commission or by the Privacy Legislation, we both agree on any
updated version of the SCC or to negotiate another solution allowing the
transfer of Personal Data in accordance with the Privacy Legislation;
f. upon your written request and, otherwise, no later than ninety (90) days
following the termination or expiry of this Agreement, will destroy all
Personal Information collected in the context of our provision of the
Services, unless Privacy Legislation requires further storage of the
Personal Information; the deletion or destruction of the Personal
Information must be confirmed to you in writing or in a documented
electronic format;
g. promptly forward to you any requests of any supervisory authority or
third party concerning the processing of Personal Information; we may
communicate with any supervisory authority or any third party in
connection with the processing of Personal Information without prior
approval from you, where compelled by legal requirements;
h. make available to you all information necessary to demonstrate
compliance with the obligations under the Privacy Legislation and
provide you and/or your designated representative, such as another
auditor mandated by the controller, with a copy of our audit report of
our compliance with this clause;
i. assist you in ensuring compliance with the obligations pursuant to
Articles 32 to 36 of Regulation (EU) 2016/679, taking into account the
nature of processing and the information available to us, and
j. comply with any additional obligations which you are obliged to impose
upon us from time to time in order to ensure that you comply with the
Privacy Legislation.
19. We must comply with and conduct all instructions requested in writing by
you (acting reasonably) to enable you to comply with all requirements of
the Privacy Legislation.
20. We must not appoint any third party to carry out any of our obligations
under this Agreement (in whole or in part) without your written consent.
Any such consent by you is expressly conditioned upon the us entering into
a written agreement with such third party incorporating terms equivalent to
the clauses in this Agreement, to the extent that the third party will be
processing Personal Information on our behalf.
21. We do not indemnify you against any losses, liabilities and costs
(including legal expenses) sustained, incurred or suffered by you arising
as a result of our breach of this section, “PRIVACY LEGISLATION” or other
sections of the Agreement..
22. We shall inform you immediately, if, in its opinion, your instruction
infringes Privacy Legislation or other applicable Union or Member State
data protection provisions.
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