Privacy Policy

1. Introduction

This Privacy Policy explains to Users of the Everwash Car Club website (https://www.everwash.com/), mobile applications offered by or powered by Everwash Car Club, microsites, software and service (collectively, the "Service"), how EverWash Car Club, LLC, doing business as EverWash Car Club ("EverWash", "we" or "us"), gathers and uses information collected in connection with use of the Service and the EverWash platform. Everwash takes reasonable steps to protect User privacy consistent with the guidelines set forth in this Privacy Policy and with all applicable laws. In this Privacy Policy, "User" or "you" means any person using the Service, whether by browsing the EverWash website or using EverWash mobile apps, paying for items and/or transactions using the EverWash application, engaging in loyalty and rewards programs ("Programs") offered by EverWash merchants (each a "Merchant"), or participating in any other activities available through the Service.

BY ACCESSING OR USING THE SERVICE AND/OR THE EVERWASH PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR USER TERMS OF SERVICE (https://www.everwash.com/terms-and-conditions). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. First Up, We Want You to Know This:

You control your personal information on the EverWash platform. We will never disclose your email address, transaction history, or other information to any Merchant or any other third party for their marketing purposes without you first authorizing that Merchant or third party to access such information. This allows you to use the EverWash Service and EverWash platform without receiving a whole lot of direct marketing you don't want.

3. Why Do We Have This Privacy Policy?

All companies that you do business with choose whether and how they want share your personal information. Federal law gives you the right to limit some, but not all, of that sharing. Federal law also requires companies to tell you how they collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

4. What Information Do We Collect?

Personal Information: EverWash collects some of your identifying information in connection with the Service, depending on how you use the Service. When you create a EverWash User Account (whether through a EverWash App or EverWash website), pay with EverWash, engage in a Program, submit content to EverWash, complete a survey, send us feedback, request information about the Service, apply for a job, or sign up for special offers from third parties, EverWash may collect information from you, which could include the following (collectively, "Personal Information"):

  • Email address
  • Telephone number
  • Location
  • Merchant transaction data (including the amount, date, and location of the transaction, the amount of credit earned and redeemed, and the identity and amount of items purchased)
  • Information related to your payment instruments, such as expiration date and authentication codes or related information.

You do not have to provide Personal Information to EverWash, but you may not be able to take advantage of all features of the Service if you do not.

Financial Information: In order to use the Service and the EverWash platform in connection with payments to merchants, you will need to link a payment instrument, such as a debit or credit card account number, to your EverWash User Account ("Financial Information"). EverWash and its providers maintain compliance with all laws and rules protecting the privacy of your financial information, including the Payment Card Industry Data Security Standard (PCI-DSS).

Web Tracking Information: EverWash and its third-party service providers may use web tracking technologies, such as cookies, web beacons, pixel tags and clear GIFs, to collect data related to usage of the Service, the Programs, and web and email marketing conducted by or on behalf of EverWash. Such data may include:

  • the address of the websites you visited before and after you visited the Service,
  • the type of browser you are using,
  • your Internet Protocol (IP) address, and
  • what pages in the Service you visit and what links you clicked on.

In order to collect Web Tracking Information and to make your use of the Service more efficient, we may store cookies on your computer. EverWash and third party contractors engaged to provide services on behalf of EverWash ("Contractors") may also use web tracking technologies that are placed in web pages on the Service or in email communications to collect information about actions that users take when they interact with the Service or such email communications. Web Tracking Information is not correlated by EverWash to individual users. Some Web Tracking Information may include data, such as IP address data, that is unique to you. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Service, but this may affect the performance of the Service.

5. How Does EverWash Use and Share Your Information?

All companies need to share customers' personal information to run their everyday business. In this section, we explain the reasons that companies can share their customers' personal information; the reasons EverWash chooses to share information; and whether you can limit this sharing.

Personal Information: EverWash will use and store your Personal Information to deliver the EverWash Service to you (including charges, receipts, rewards tracking, and system notifications); to market customer rewards to you; to improve our products and services; to investigate (and remedy) fraudulent or allegedly fraudulent activity; and to perform aggregated data analysis. Additionally, any Personal Information that we collect via Facebook will be used for registration and open graph posts.

EverWash does not sell or rent its mailing list, and we will not disclose your email address to any third party for marketing purposes, unless you specifically authorize a third party (such as an EverWash Merchant) to access your information. EverWash will disclose your Personal Information to third parties only in the following limited circumstances:

  • When you use the EverWash Service at a Merchant, EverWash may disclose your name (but not your email address) to the associated Merchant to aid in the utilization process and loyalty program tracking;
  • EverWash may allow our Contractors, who are performing marketing services, delivering goods, administering promotions, analyzing data and usage of the Service, processing credit card payments, operating the Service or providing support and maintenance services for the Service, or providing customer service, to access Personal Information. We require Contractors to use the Personal Information they access only in connection with the services they perform for us, and never for any marketing or other purposes.
  • If you are a winner of a Merchant or EverWash sponsored competition (as detailed in the Applicable Contest Terms), we will share your contact information for purposes of prize fulfillment only.

Financial Information: EverWash will only ever use your Financial Information for the purpose of submitting an authorized charge to your payment instrument. Financial Information is never provided to EverWash in unencrypted form. Your Financial Information is never disclosed to third parties, including EverWash Merchants, other than EverWash's data vault and payment gateway provider.

Aggregate Information: EverWash may also use Personal Information to create aggregated data for analytical purposes. This statistical information does not contain any individual identifying information or contact information and is used to understand our customer base as a whole and to better serve our market. EverWash reserves the right to share such aggregated, non-identifiable data with 3rd parties.

Web Tracking Information: EverWash uses Web Tracking Information to administer the Service and to understand how well our Service is working, and to develop aggregate, statistical information on usage of the Services. EverWash may disclose Web Tracking Information, without individual identifying information, to third party advertisers and advertising agencies, Merchants, and Contractors, in order for EverWash and such third parties to analyze the performance of the Services and the behavior of users, to operate and improve the Service.

Email Communications: If you create a EverWash User Account and provide your email address, we will send you administrative and promotional emails concerning the EverWash Service and EverWash platform, including new features, promotions, Programs, and rewards. If you wish to opt out of promotional emails, you may do so by following the "unsubscribe" instructions in the email, by contacting EverWash Support, or by editing your EverWash User Account settings as described below. All EverWash Users receive administrative emails. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the Service.

Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers and service providers (such as the services of the carrier that provides cellphone service to you). Such carriers and service providers are not EverWash's Contractors, and any information that a carrier collects in connection with your use of the Service is not Personal Information and is not subject to this Privacy Policy. EverWash is not responsible for the acts or omissions of telecommunications carriers or service providers.

Additional Disclosures: Notwithstanding anything to the contrary in this Privacy Policy, EverWash reserves the right to use or disclose Personal Information and any other information EverWash collects in connection with the Service: (a) to any successor to EverWash's business, including as a result of any merger, acquisition, asset sale or similar transaction; (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or legal process; or (c) if in EverWash's reasonable discretion, such use or disclosure is necessary to enforce or protect EverWash's legal rights or to protect third parties.

6. Privacy Settings/Opt Out

If you would like your Personal Information and Financial Information permanently removed from our database please contact us at support@everwash.com or 1-408-686-9274 (1-408-686-WASH). We will promptly disable your EverWash User Account and you will no longer receive email from EverWash. Your removal from the mailing list or database will not remove records of past transactions or delete information stored in our data backups and archives, as required by law. Data on past transactions and data stored in backups and archives will be deleted in the normal course of EverWash's business. You may elect to opt-out at any time after registering for the EverWash service.

7. Access and Updating of Information

EverWash encourages you to view your transaction history, and review and amend your email address or contact details, in the EverWash platform at any time. Please contact us by sending an email to: support@everwash.com or by using your settings window in the EverWash app.

8. General

Facebook Connect: If you connect to the EverWash Service using Facebook Connect, you agree that any identifying information obtained by us by reason of your connection using Facebook Connect will constitute Personal Information for the purposes of this Privacy Policy, and you consent to our use and disclosure of such information in accordance with this Policy. If we stop using Facebook Connect as an access mechanism, you agree that we will nevertheless retain any Personal Information in accordance with this Policy.

Security: We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this Policy and all applicable laws. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties.

Electronic Notice; Amendments: Pursuant to Section 5 of EverWash's User Terms, you agree to receive initial notice of this Privacy Policy, and all annual notices of the Privacy Policy, as amended from time to time, electronically. EverWash may modify or amend this policy from time to time. We will notify you of these changes by posting the modified Privacy Policy, which will be available for review by you, on our website at https://www.everwash.com/privacy-policy.

Children: EverWash does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed at persons under 13. If you are under 13 years of age, then please do not use the Service. If EverWash learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then EverWash will take the appropriate steps to delete this information. To make such a request, please contact us at support@everwash.com.

Service Visitors from outside the United States: EverWash and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Service, you consent to the use and disclosure of information in accordance with this Privacy Policy and subject to such laws.

9. USA Patriot Act Notice to Merchants

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who registers for a Merchant Account with LevelUp. Merchants will be required to provide such information to the satisfaction of LevelUp prior to establishing a Merchant Account.

Effective Date of this policy: 2021-10-14