PRIVACY POLICY

PLEASE READ THE BELOW PRIVACY POLICY AND RELATED TERMS OF SERVICE CAREFULLY BEFORE USING THESE SERVICES. BY USING THESE SERVICES, YOU AGREE TO THE PRIVACY POLICY WITHOUT LIMITATION

Last Updated: 01/26/2021

The following Privacy Policy (the “Privacy Policy”) apply to your use of all websites, applications, web platforms, or all other products and services owned, controlled, operated, or hosted, whether now, or in the future, by NeverEnding, Inc. and/or its corporate affiliates, parent companies, or subsidiaries (collectively referred to as “NeverEnding”, “us”, or “we”), including but not limited to https://beneverending.com, https://www.beneverending.app, and all related application, services, tools, software, and functionalities (collectively referred to as “NeverEnding Services” or the “Services”).

NeverEnding, Inc. is a Delaware corporation that provides a software solution for the creation, production, and distribution of entertainment content (“Content”), and allows users to upload their own materials (“User Materials”), and to create, post, share, send, and receive Content through the NeverEnding Services.

This Privacy Policy sets forth certain terms and conditions of the legal contract between you and NeverEnding with respect to your use of the Services, whether you are an unregistered visitor (“Visitor”), a free account holder (“Free Account Holder”), or a paying member (“Subscriber”). This Privacy Policy discloses what type of information is collected, the methods used to collect it, how NeverEnding utilizes the information to better serve all interested parties, and the choices you have about the way your information is collected and used. Your use of the NeverEnding Services indicates that you have read, accepted, and unconditionally agreed to NeverEnding’s privacy practices as outlined in this Privacy Policy and any other applicable terms.

NeverEnding respects your right to privacy and the desire to control the use of your personal information. This policy seeks to detail the measures taken to protect your privacy. However, please understand that some of the features on the NeverEnding platform allow users to upload their own User Materials, which may contain personal content, possibly including Personal Identifying Information. Therefore, by submitting User Materials for public display or public use on the NeverEnding Services, you hereby waive any and all expectations to privacy, including the privacy expectations of any other individuals who appear in your submitted content, with respect to such User Content. If you do not consent to have your personal content viewable or accessible by others, please do not submit User Materials or any other content through the NeverEnding Platform.

NeverEnding is the data controller for your Personal Data. NeverEnding is operated from and hosted on servers in the United States. If you are outside of the United States and access the NeverEnding Services or submit your Personal Data to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit the NeverEnding Platform, use the NeverEnding Services, or contact us from outside of the United States, please be advised that any information you provide to us or that we automatically collect will be transferred to the United States and processed in accordance with this Privacy Policy.

WHAT WE COLLECT

When you use or visit the NeverEnding Platform or use the NeverEnding Services, we may collect information about you for legitimate business purposes. The information we collect may be grouped into three (3) classifications:

  • Information You Provide Us
  • Information We Collect Automatically
  • Information Collected from Other Sources


Cookies and Tracking

NeverEnding uses cookies to store user preferences, account status, and traffic origination and to record session information, for purposes including but not limited to (i) personalizing your experience on the NeverEnding Services and delivering targeted offers through the NeverEnding Services and third-party sites, including ensuring that users are not repeatedly offered the same advertisements and (ii) customizing newsletter, advertising, and Web page content based on browser type and user profile information. A “cookie” is a small amount of data that is sent to your browser from an Internet server and stored on your computer.

You may be able to configure your browser to accept or reject all or some cookies, delete cookies, or notify you when a cookie is set – each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. However, you must enable cookies from NeverEnding to use most functions offered through the NeverEnding Services.

Many modern browsers have enabled users to send a Do Not Track signal to websites when you visit them. Please be aware that there is no accepted industry standard for how a website responds to this signal, and NeverEnding [does not take any special action in response to receiving Do Not Track signal].

Data Sharing

We will not sell your personal information.

As a rule, we do not share your personal information outside the company. However, we may share your personal information with third parties in limited circumstances, including: (1) with your consent; (2) to a vendor or partner who meets our data protection standards; or (3) when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process.

If we are going to share your information in response to legal processes, we will give you advance notice so you can challenge it, unless we are prohibited from doing so by law or court order. We will object to requests for information about users of our site that we believe to be improper.

Data Deletion, Correction, and updating Requests

As required by law, we allow our users to access, modify, or remove certain personal information, except for the information necessary to maintain a user account. Users may access or modify their information by selecting the [“Account Information section of their profile”]. We ask that you keep your contact information as up to date as possible.

Please be aware that some of your personal information may not be completely removed, and that some backups may exist for legal or business reasons.

Data Retention

NeverEnding stores your data for as long as reasonably necessary for the purpose that it was collected. While we have a policy to honor users’ requests to delete their personal information or accounts, as allowed by law, we will retain copies of your personal information as necessary for our legitimate business purposes or and mandated by the law.

Service Providers

As described above, at times, we may rely on third-party service providers such as payment processors, security, and data storage. The security of your personal information and transparency is important to us. In those cases where third-parties are required to access your information in order to perform a service for us, we require that those third-party service providers limit their use of your information solely to providing the services, and maintain a strict level of confidentiality, security, and integrity.

Please be aware, that we screen all third-party service providers to the best of our ability, but are unable to control their precise conduct. For a better understanding of our service providers’ data collection and retention policies, we advise all our users to review the privacy policies of our service providers themselves.

Security

We aim to provide you with a secure customer experience. Your user accounts are secured by user-created passwords and other authentication methods. NeverEnding takes precautions to insure that user account information is kept private. However, we do not guarantee that these efforts will completely protect user account information. No security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit, and you do so at your own risk. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. We will endeavor to notify users in the event that the security of their personal information is breached or compromised. By submitting personal information through any of the NeverEnding Services, you expressly consent to receive our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email or postal mail, as we deem appropriate and as required by law.

Age Restrictions

NeverEnding Services are not intended to be used by children under the age of 16, without their parents’ consent, and we encourage parents and guardians to take an active role in their children’s’ online activities. NeverEnding does not knowingly collect personal information from children under the age of 16, and users must be 16 years or older to be eligible to register an account with NeverEnding.

General Data Protection Regulations

Effective May 2018, EU Regulations 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) provides individuals located in the European Union (the “EU”) and the European Economic Area (the “EEA”) certain rights relating to their personal data:

  1. Right to Access, Change or Modify Your Personal Data: Users desiring a copy of your collected Personal Data can email us at support@beNeverEnding.com. You can learn more about updating and modifying your Personal Data in Section 4, above.
  2. Right to Delete Your Personal Data: Users wishing to delete all or portions of their Personal Data can email us at support@beNeverEnding.com. You can also learn more about the procedures to delete your Personal Data in Section 4, above. Please be aware that we may retain your Personal Data for a period of time, as permitted by law, to conduct audits, prevent fraud, enforce our ongoing business relationship, and comply with legal obligations, and any other lawful business purpose.
  3. Right to Object or Restrict Our Use of Your Personal Data: If you wish to limit or restrict our use of your Personal Data, please contact us at support@beNeverEnding.com. Please be aware that certain Personal Data, such as email address, and payment information, may be required to maintain an account with the NeverEnding services.
  4. Right to Withdraw Consent: If you wish to withdraw content to certain Personal Data processing activities, please contact us at support@beNeverEnding.com.
  5. Right to Export Your Personal Data: If you wish for an electronic copy of your Personal Data, please contact us at support@beNeverEnding.com.
  6. Right to File a Complaint: Users in the EU or EEA may file a complaint with their local data protection authority.



California Privacy Rights

Effective January 1, 2005, California Civil Code Section 1798.83 (known as the “Shine the Light” law) provides that, if an individual who is a California resident has provided his/her personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such individual’s personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom the information was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use if the customer has opted out to prevent his/her personal information from being shared for third-party direct marketing use; AND (2) notifying the customer of his/her right to opt-out and providing a cost-free means for the customer to exercise that right.

California residents may request an information-sharing disclosure from us by emailing your request to support@beNeverEnding.com or writing to NeverEnding at 1515 East 108th Street, Cleveland, OH 44106. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.

Third-Party Service Providers

In bringing the NeverEnding Services and Platform to you, we may at times rely on third-parties to provide functionality or services, who may collect your personal data from time to time, as necessary, in order to provide those services or functionality. This may include, but is not limited to payment processing, social media integration, or account linking. While we strive to only partner with those who respectful of our member’s personal data, please be aware that we have no control over the precise procedures and policies that these third-parties employ, and we encourage all of our users to read and understand the privacy policies of any third-party service provider before submitting any of their personal data to them.

Currently, the third-party services providers, and their respective privacy policies are as follows:

Stripe, Inc. – Privacy Policy

PayPal Holdings, Inc. – Privacy Policy and Terms of Service

For our Kickstarter Backers: For visitors or members who participated in our Kickstarter (our “Backers”). In order to manage and fulfil our pledges for our Kickstarter Campaign, we have partnered with Gamefound. Please be aware that no information that was submitted to Gamefound as part of our Kickstarter Pledge-manager is linked to any account on the NeverEnding Platform, and our Backers should visit Gamefound.com (Privacy Policy) to better understand how Gamefound stores and manages our Backer’s’ personal data.

Privacy Policy Subject to Change

NeverEnding reserves the right to amend or modify this Privacy Policy at its sole discretion. If NeverEnding makes material changes to the terms of the Privacy Policy, we will notify our Members, and Free Account Holders, via email. By continuing to utilize the NeverEnding Services, you agree to be bound by the changes to the Privacy Policy. We recommend that users and visitors check our Privacy Policy regularly.