Privacy Policy

NOVEL EFFECT PRIVACY POLICY

Effective as of 24 May 2018

This privacy policy (the “Privacy Policy” or “Policy”) applies to the use of the Novel Effect application (the “Application”) which can be experienced on a mobile application (the “App”), a website (the “Website”), a smart speaker (the “Speaker”), owned, operated, or powered by Novel Effect, Inc. (“Novel Effect,” “we,” “us,” or “our”) by a User (“User,” “you,” “your”). A User includes all persons interacting or accessing any Novel Effect Application experience, including but not limited to the account holder, the person conducting the voice experience, the person interacting via email subscriptions with Novel Effect, the person interacting the Novel Effect website, and the audience experiencing the results of a Novel Effect experience. We have created this Privacy Policy to tell you what information the Platform collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Use. By visiting and/or using the Application, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

1. INFORMATION WE COLLECT OR RECEIVE
In the course of operating the Application, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.

A. PERSONAL INFORMATION
We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email, a form, subscribing to our content, or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, physical address, and phone number. We do not collect any Personal Information from you when you use the Application unless you provide us with the Personal Information voluntarily. We collect information you provide directly to us. For example, we may collect information when you create an account, fill out a form, submit a photo, send us a message, request customer support, participate in any interactive features of the Application or Sites, or otherwise communicate with us. This information may include name, email address, photographs, and other information you choose to provide.

B. THIRD-PARTY LOG IN
If you sign in through Facebook or other social media sites, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that such social media companies would provide to us through their Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, username, profile picture, headline, unique identifier and access token, friends lists, and e-mail address. The Application and the Sites may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Application or Sites with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

C. PAYMENT INFORMATION
If you choose to make a purchase or subscribe to a feature or service ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.

D. GEOLOCATIONAL INFORMATION
Certain features and functionalities of the Application are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the Application is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.

E. THIRD-PARTY ANALYTICS
We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Application, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Application and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Application.

F. OTHER INFORMATION
In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the Application; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the Application (collectively, the “Other Information”). Such Other Information may include:

i. From You
Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.

ii. Speech Recognition Data
We log information about the results of the speech recognition algorithms, including the words read aloud from a book and the timing of the spoken words. In certain cases, we may collect and store short recordings of the User’s voice for the purpose of improving our speech recognition algorithms and providing improved services. In any such case where we record voice data, we will obtain express consent. In certain instances, we may employ certain third-party voice recognition services. In those cases, voice data may be collected and stored by the third-party in accordance with their privacy policies and terms of service.

iii. From Your Activity
We may collect or receive information regarding:

a. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;

b. browser type and language;

c. referring and exit pages and URLs;

d. date and time; and

e. details regarding your activity on the Application, such as search queries and other performance and usage data, including access times, pages viewed, books seen, read and completed, and the page you visited before navigating to our Services.
iv. About Your Mobile Device
We may collect or receive information regarding:

a. type of mobile device;

b. advertising Identifier (“IDFA” or “AdID”);

c. operating system and version (e.g., iOS, Android or Windows);

d. carrier; and

e. network type (WiFi, 3G, 4G, LTE).

v. From Cookies
We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve our Application, Sites and your experience and see which areas and features of our Application and Sites are popular and count visits and traffic data. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used to help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including to:

a. type of mobile device;

b. personalize your experience;

c. analyze which portions of the App are visited and used most frequently; and

d. measure and optimize advertising and promotional effectiveness.
If you do not want us to deploy cookies in the Application, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

2. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES
We may share Other Information about your activity on the Application with third parties for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.

3. HOW TO OPT OUT OF THIRD-PARTY INTEREST-BASED ADVERTISING
If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile Devices can follow the below instructions:

  • Android Users
    For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app → Ads → Enable “Opt out of interest-based advertising.”

  • iOS Users
    iOS 7 or Higher: Go to your Settings → Select Privacy → Select Advertising → Enable the “Limit Ad Tracking” setting.
    iOS 6: Go to your Settings → Select General → Select About → Select Advertising → Enable the “Limit Ads Tracking” setting.

4. HOW INFORMATION IS USED AND SHARED
A. You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
i. provide, maintain and improve our Application and Sites and any related services;

ii. provide our services;

iii. send you technical notices, updates, security alerts and support and administrative messages;

iv. respond to your comments, questions and requests and provide customer service;

v. administer our promotional programs, including marketing email communications; iv. solicit your feedback;

vi. inform you about our products and services;

vii. communicate with you about products, services, offers, promotions, rewards, and events offered by Novel Effect and others, and provide news and information we think will be of interest to you;

viii. process transactions;

ix. monitor and analyze trends, usage and activities in connection with our Application and Sites, personalize and improve the Application and the Sites, and provide advertisements, content or features that match user profiles or interests; and

x. carry out any other purpose for which the information was collected.

a. In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.

b. We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law

c. In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Application and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.

d. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

e. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

f. We may share information about you as follows or as otherwise described in this Privacy Policy:

i. with vendors, consultants and other service providers who need access to such information to help us; manage or operate the Application and the Sites or to otherwise carry out work on our behalf;

ii. in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;

iii. if we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Novel Effect or others;

iv. in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and

v. with your consent or at your direction, including if we notify you through our Application or the Sites that the information you provide will be shared in a particular manner and you provide such information.

g. To the extent permitted by law, we may also disclose the Information:
i. when required by law, court order, or other government or law enforcement authority or regulatory agency; or

ii. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

i. Novel Effect is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

5. ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES
If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Application (e.g., requests for support).
We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.

6. HOW WE PROTECT YOUR INFORMATION
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email.
Taking into account the state of technical development and the nature of processing, the Application maintains a technical and organizational measures to protect against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access of Protected Data. “Protected Data” is defined as personal data received from or on behalf of the User in connection with the usage of the Application.

7. IMPORTANT NOTICES TO NON-U.S. RESIDENTS
The Application and its servers are operated in the United States, so Users outside of the United States consent to their Protected Data being processed outside their own jurisdiction. For European Union and Swiss residents, any questions or concerns regarding the use or disclosure of your information should be directed to us by sending an email to support@noveleffect.com with the subject “Protected Data.” We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of your information in accordance with this Privacy Policy. For complaints that cannot be resolved, we have committed to cooperate with data protection authorities located within Switzerland or the European Union (or their authorized representatives.)

8. PROCESSING OF PERSONAL AND PROTECTED DATA
The Novel Effect Application strives to meet data standards set forth globally, including the General Data Protection Regulation (EU) 2016/679 ( the “GDPR”.) As such, we recognize that Users are the Controller of their personal data and the Novel Effect Application is the Processor, with all terms having the respective meanings given to them in the GDPR. By using the Application, Users agree to these designations and both parties shall at all times comply with all data protection laws in connection with the processing of Protected Data. User shall ensure all requests and all instructions given in respect of protected data (including the terms of this policy) shall at all times be in accordance with data protection laws. The Application shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of this Policy, additional instructions outlines below:

i. The Application shall only process the protected data in accordance with the terms of this agreement (and not otherwise unless alternative processing instructions are agreed to through future updates in writing) except where otherwise required by applicable law (and shall inform the User of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest)

ii. If the Application believes that any instruction received by it from the User is likely to infringe the data protection laws, it shall promptly inform the User and be entitles to cease to provide all services until appropriate, amended, non-infringing instructions are agreed upon.

iii. If we subsequently transfer or share your Protected Data with a third party service provider for processing as described in this Privacy Policy, we remain responsible if these providers process your Protected Data in a manner inconsistent with this Policy, except where we can establish that we were not responsible for the violation.
iv. If we decide to sell, buy, merge or otherwise reorganize our business, this may involve us disclosing your Protected Data to prospective or actual purchasers and their advisers. If such transactions are consummated, they may include, but are not limited to, the sale or transfer of all or substantially all our assets, including but not limited to, our email distribution lists and your personally identifiable information.

v. We commit, taking into account the nature of the processing, to assisting the User with any request for exercising the User’s rights under Chapter III of the GDPR (and any similar obligations under applicable data protection laws) in respect to any of the User’s own Protected Data.

vi. In accordance with data protection laws, taking into account the state of the art, the costs of implementation and the nature, scope, context, and purposes of the processing of Protected Data to be carried out under this Policy, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the protected data transmitted, stored, or otherwise processed, the Application shall implement appropriate technical and organizational security measures appropriate to the risk, including as appropriate those matters mentioned in Articles 32(1)(a) to 32(1)(d) (inclusive) of the GDPR.

vii. Breach
Novel Effect will notify the User without any undue delay in writing on becoming aware of any unauthorized intrusions into our system that materially affects the User’s Protected Data, including subsequent reports on the actions we took in response.
viii. We may provide aggregate statistics about customers, sales, usage, traffic patterns, and other related site information to reputable third-party service providers, investors, or in marketing materials. These statistics will not include any personally identifiable information.

9. APP STORES; EXTERNAL WEBSITES
Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. Further, the App may contain links to third-party websites or use third-party sites for operations of our business. We have no control over the privacy practices or the content of these websites and advise Users to check the applicable third-party privacy policy and terms of use when visiting any other websites.

If we subsequently transfer or share your Protected Data with a third party service provider for processing as described in this Privacy Policy, we remain responsible if these providers process your Protected Data in a manner inconsistent with this Policy, except where we can establish that we were not responsible for the violation.

10. CHILDREN
We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13 without express parental consent. While the Application is a family product and not used or marketed solely to children, Novel Effect complies with applicable COPPA provisions. If a child under the age of 13 has provided us with age identifiable Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

11. CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis. We encourage you to review the Privacy Policy whenever you interact with Novel Effect to stay informed about our information practices and the ways you can help protect your privacy.

12. CALIFORNIA PRIVACY RIGHTS: SHINE THE LIGHT LAW
Under California Civil Code Section 1798.83, California residents who have an established business relationship with us may choose to opt out of our sharing their contact information with third parties for direct marketing purposes. If you are a California resident and you wish to opt out, please send an e-mail to support@noveleffect.com.

13. YOUR CONSENT
We encourage Users to review our Privacy Policy often and to stay informed of changes that may affect User’s Protected Data, as User’s continued use of the Application and/or receipt of notifications after signing up without notifying Novel Effect of a desire to opt out signifies the User’s consent to be bound by this Privacy Policy. If we decide to change or update this Policy, we will post those changes here so that the User can remain aware of what information we collect, how we use it, and under what circumstances we disclose it.

Note that any Do-Not-Track instructions from User’s browsers or similar mechanisms will not affect our collection of Protected Data that User voluntarily provides to us through such means as browsing our website, signing up for any of our services, or entering personal information on any of our Applications.

14. DATA RETENTION AND DELETION
Information we collect may be retained for as long as needed to fulfill legitimate business purposes, or for a period of time specifically required or allowed by applicable regulations or laws. If a User no longer want us to use the User’s information to provide services, User can withdraw consent and/or request that we erase Protected Data by contacting support@noveleffect.com. Please note that even after erasure, we may retain some information as necessary for our legitimate business interests, such as fraud detection and prevention, and to comply with our legal obligations. We will respond to all requests to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request.) You may change your personal information at any time by emailing support@noveleffect.com and describing the changes you would like to make.

15. HOW TO CONTACT US
Information we collect may be retained for as long as needed to fulfill legitimate business purposes, or for a period of time specifically required or allowed by applicable regulations or laws. If a User no longer want us to use the User’s information to provide services, User can withdraw consent and/or request that we erase Protected Data by contacting support@noveleffect.com. Please note that even after erasure, we may retain some information as necessary for our legitimate business interests, such as fraud detection and prevention, and to comply with our legal obligations. We will respond to all requests to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request.) You may change your personal information at any time by emailing support@noveleffect.com and describing the changes you would like to make.

Website Design