Legal information and acceptance
We inform you that the ever-healthy.com (hereinafter, the "Website") is the property of Neopalix Trade SL, with CIF CIF: B90481151, with registered office in Calle Jose Abascal 56, 2ª Planta.
The terms and conditions of use set down herein (hereinafter, the "Legal Notice") regulate the access, navigation and use of Website. Anyone who uses Website in any way whatsoever will be considered a user (hereinafter, the "User").
Access, browsing and use of Website implies the express and unreserved acceptance of the Legal Notice which shall have the same validity and effectiveness as any agreement entered into in writing and signed by Neopalix Trade SL and the User. Therefore, Users must read this Legal Notice on the Website carefully each time they intend to use it, as it may be modified without prior notice.
The Website makes available to Users certain information on products and functionalities marketed by third parties which may be subject to particular terms and conditions, regulations and instructions which may replace, complete and/or modify this Legal Notice and that may require the User acceptance.
Its observance and fulfillment will be demanded of any User who accesses, uses or browse the Website. If you do not agree with this Legal Notice, please do not access, browse or use the Website.
The User can contact Neopalix Trade SL through the following email address: [email protected]
Conditions of use of the Website
The use of the Website and its content is completely voluntary and under the responsibility of the User. Access to the Website is free except for the cost of the telecommunications network provided by the provider contracted by the User. Access to the Website does not require the provision of personal data or the User registration.
The Website aims to provide information to Users regarding certain products that have been previously analyzed and rated by Neopalix Trade SL specialists (hereinafter, the "Ratings"). Hence, the Users are allowed to know the characteristics, functionalities, prices, as well as the ratings of such products made by Neopalix Trade SL specialists (hereinafter, the "Products")
Furthermore, the User shall have the possibility to be redirected to the seller's website in case he/she is interested in acquiring the Products. Notwithstanding the above, Users are informed that Neopalix Trade SL does not commercialize or distribute any Product, it only analyzes products commercialized by third companies with whom it has entered into agreements with the purpose to carry out such analyses and from whom it receives a fee for promoting the purchase of its products (hereinafter, the "Partners").
Neopalix Trade SL is not responsible for the veracity of their opinions and Ratings shown, since they are made on the basis of information provided by our partners regarding price, functionalities and technical characteristics of the Products.
The Users are obliged to use the contents and services in a diligent, legal, correct and licit manner and, in particular, undertake to abstain from, but not limited to (a) using the contents in a manner and for purposes that are contrary to the law, morality and generally accepted good customs or public order; (b) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or material that induces criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, morality and generally accepted good customs or public order; (c) reproduce, copy, or distribute the contents, as well as allow public access to them through any form of public communication, or transform or modify them, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (d) violate intellectual or industrial property rights belonging to Neopalix Trade SL; (e) use the services and contents in such a way that it may damage or overload the Website; (f) carry out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind; and (g) use the contents and services and, in particular, the information of any kind obtained through the Web Site for any kind of advertising purpose.
The Users shall be liable for the damages of any nature that Neopalix Trade SL could suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from this Legal Notice or from the law in relation to the Website.
Neopalix Trade SL reserves the right to interrupt access to the Website, as well as the provision of any or all of the contents provided through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, or due to power failures or any other justified cause.
Consequently, Neopalix Trade SL does not guarantee the reliability, availability or continuity of the Website or its contents, so the use of them by the Users is carried out at their own risk, without, at any time, being able to demand responsibilities for the discontinuity or lack of availability of its services.
Neopalix Trade SL excludes any responsibility for damages of any nature that may be due to the lack of veracity and accuracy of the information, opinions, analysis and Ratings provided on the Website, nor for the contents provided or offered by third parties or entities. Furthermore, in no event, Neopalix Trade SL guarantees the fulfillment of the applicable legislation of the Products, regarding the rights of intellectual property and any applicable law. Particularly, Neopalix Trade SL will not be responsible for the use that the minors can do of the information provided on the Website.
Neopalix Trade SL will try as far as possible to update and rectify any information hosted on the Website that does not meet the minimum guarantees of accuracy. Nevertheless, it will be exonerated of responsibility by its non-updating or rectification, as well as by the contents and information spilled in the same one.
Neopalix Trade SL will not be responsible in case of interruptions of the service, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes that escape of the control of Neopalix Trade SL, and/or due to a fraudulent or guilty action of the Users and/or have their origin in causes of Force Majeure. Without prejudice to the established in the article 1105 of the Civil Code, it will be understood included in the concept of Force Majeure, in addition, and to the effects of the present Legal Notice, all those events occurred out of the control of Neopalix Trade SL, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc., and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, whatever its cause, Neopalix Trade SL will not assume any responsibility either for direct or indirect damage, consequential damage and / or lost profits.
Neopalix Trade SL excludes any responsibility for the damages and prejudices of all class that can be due to the presence of virus or to the presence of other harmful elements in the contents that can produce alteration in the computer systems, as well as in the documents or systems stored in the same ones.
Neopalix Trade SL is not responsible for the use that the Users make of the Content of the Web site, as well as of any other material contained in the Web site, that can suppose a violation of any national or international regulation, of the rights of intellectual or industrial property or any other right of third parties. Likewise, it is not responsible for the possible security errors that could be produced by the fact of using non-updated versions of browsers, or for the consequences that could be derived from the malfunctioning of the browser, either by inadequate configuration, presence of computer viruses or any other cause beyond Neopalix Trade SL's control.
Links to third parties (outgoing links)
The Website contains links to other websites belonging to third companies that commercialize the Products analyzed by Neopalix Trade SL (hereinafter, "Linked Sites"). In these cases, Neopalix Trade SL acts as a service provider in accordance with article 17 of the Law 34/2002, of 11 July, of Services of the Society of Information and Electronic Commerce (hereinafter, the "LSSI") and will only be responsible for the contents and services provided in the Linked Sites in the measure that it has effective knowledge of the illegality or that the goods or rights of third parties can be damaged and has not deactivated the link with due diligence.
In the event that Users consider that there is a Linked Site with illegal or inappropriate content, they may notify Neopalix Trade SL at the contact address indicated in the first section of this Legal Notice, indicating: (a)name of the company: name, address, telephone number and e-mail address; (b)a description of the facts that reveal the illicit or inadequate character of the Linked Site; and (c)an express declaration that the information contained in the communication is exact. In no case does this communication imply the obligation to remove the corresponding link, nor does it imply, as provided in the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.
Neopalix Trade SL does not know the contents and services of the Linked Sites, since once they are developed for the third parties, it is the third parties who manage their own Web Sites, and therefore it is not responsible for the damages produced by the illegality, quality, out-of-date, unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor for any other damage that is not directly attributable to Neopalix Trade SL, except in the mentioned article 17 of the LSSI. If Users decide to visit and/or use any of the Linked Sites, they will do so at their own risk, and will have to take the appropriate protection measures against viruses or other harmful elements.
Links to the website (inbound links)
Third parties are not allowed to introduce links from their own web pages to the Website unless they have the express consent of Neopalix Trade SL.
In the case that a third party is authorized to use the Website, this use will be done respecting the limitations and purposes provided in the authorization itself. In this case, Neopalix Trade SL will be able to request, at any time and without needing to provide the reasons for such request, that any link to the Website be removed, after which the person responsible for the linking website must proceed immediately to remove it.
Intellectual and industrial property
All intellectual and industrial property rights over the contents available on the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, for public or commercial purposes, unless prior, express and written authorization has been obtained from the owners of the corresponding rights.
It is strictly forbidden to use all the elements contained on the Website that are the object of industrial and/or intellectual property for commercial purposes, as well as to distribute, modify, alter or decompile them. At no time, unless expressly stated otherwise, access, navigation or use of the Website and/or its contents gives the User any right to distinctive signs included in it.
In the event that the User sends information of any kind to Neopalix Trade SL through any of the channels enabled for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, commercial secrets (“know-how”) or any other rights of third parties, and that said information is not of a confidential nature or harmful to third parties.
The User recognizes to assume the liability over his/her actions, rendering Neopalix Trade SL unharmed in relation to any communication or information provided to Neopalix Trade SL by the User. This waiver applies without any restriction to the accuracy, legality, originality and ownership of the relevant communications or information.
Any claims made by the User in relation to possible breaches of the rights of intellectual and/or industrial property on the contents of the Website must be sent to the following email address: [email protected]
Neopalix Trade SL does not process any personal data of the Users, therefore the Website is not subject to Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall be deemed inapplicable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by another that most closely resembles the previous one, but shall not affect or prejudice the remaining provisions, which shall remain separate from any illegal, invalid or unenforceable clause or provision and shall instead remain in full force and effect.
Applicable law and jurisdiction
The relationship between Neopalix Trade SL and the User will be governed by the Spanish regulations in force and any controversy will be submitted to the Courts and Tribunals of the User's address.
Last Updated: April 24, 2023
Data You Share with Us
We may collect data from you when you voluntarily share it with us. We may collect data from you automatically when you visit the Website. This may include the following:
Communication Data. Data you send to us when you contact us including via website contact forms, phone calls, text messaging, email, social media messaging, or social media posts and third party directories and online business listings including but not limited to Google business listings.
User and Technical Data. Website User data including cookies and website analytics, IP address, Account data, and device information. We may collect technical data about your use of the Website, such as your IP address, your device IDs, your phone number, pages visited, referring web page, your mobile phone model, mobile charrier, search terms, cookie data, your operating system, your geolocation, and your time zone. We may use this data to analyze your use of the Website, to administer and secure our services, to determine how we should allocate resources to our Website, and to understand the technical load on our servers.
Customer Data. Data related to purchases and contracts created with Maximize-Health including name, title, billing and/or shipping address, email address, phone number, other contact information, purchase details, and financial information.
Location Data. We may collect data about your location by collecting and processing your IP address and device settings. We may use this data to tailor our offerings to your geographic location, respond to law enforcement requests, or to provide you with content that is relevant to your geographic location.
Third Party Data. Maximize-Health clients may provide us with contact information of third parties, including customers, for us to execute our contractual obligations when performing ecommerce data analysis services. Also, Maximize-Health may receive data from third party vendors or service providers such as Google, Facebook, etc., related to sales, marketing, and/or advertising.
Marketing Data. Contact information and user preferences related to marketing and communications from Maximize-Health . We may collect your IP address, your device IDs, your geographical location, your phone numbers, pages visited, referring web page, mobile phone model, search terms, cookie data, Google Advertising IDs, and Apple Advertising IDs to provide advertisements to you through third-party ad networks. We may use your data to provide advertisements to you, to provide remarketing advertisements to you after you previously visited the Website, to determine the relevance of advertisements, to measure the effectiveness of advertisements, and to help make those advertisements more relevant to your preferences.
Maximize-Health Account Data. When you create an Maximize-Health account you may provide us with Personal Data and Sensitive Data for purposes of the effective use of our services.
When you create an account and provide us with the above data, you grant us explicit consent to use your data to provide you with our services and for marketing purposes as explained herein. We also, where appropriate, rely on the legitimate interest basis to use the data we collect in order to provide our services.
We may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Website and are automatically deleted when you close your web browser. Persistent cookies are stored as a file on your computer or mobile device that remain on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. We may use persistent cookies when we utilize Google Analytics or other analytics providers, which are intended to track the origin and behavior of traffic to the Website. We may also, from time to time, receive data from third parties including analytics providers or advertising networks such as Google, Facebook, or Apple.
We may send you marketing communications if you have asked us for information concerning our services or if you have agreed to, and have not opted out from, receiving marketing communications from us. You may ask us to stop sending you marketing messages at any time by logging into your account to adjust your marketing preferences or by following the opt-out link in any marketing message sent to you.
Disclosure of Personal Data
We only share your personal data in limited circumstances.
We may share or disclose your personal data with your consent or at your direction.
We may also share your data with certain third parties to aid us in operating the Website and providing our Services. For example, we may share your personal data with third parties, such as analytics providers, to utilize their software tools and measure the effectiveness of our Website or advertisements. We may also provide some data to third parties who we partner with to deliver products and services to you, such as Paypal for electornic payments.
We may also share your personal data with our accountants, auditors, insurers, or attorneys where doing so is necessary to protect the interests of Ever Healthy or to comply with any law or regulation.
We may also share your personal data with government or law enforcement agencies when we are required to report our data processing activities, upon receipt of an exigent circumstances request, upon receipt of a duly authorized subpoena or court order, or where doing so is necessary to protect our users, our employees, our contractors, third parties, or property.
Finally, Ever Healthy shall never sell your personal data to a third party. Ever Healthy may retain your contact information indefinitely for marketing purposes, but will never sell such data to a third party.
Management, Protection, and Retention of Your Personal Data
Ever Healthy may provide you with the ability to create a user account, either through Ever Healthy itself or through a support third-party vendor whom Ever Healthy utilizes, which may provide you with the ability to view special pricing, view order status, and see recently viewed and purchased services through the Business (hereinafter “User Account”). A User Account may be created through information obtained by Ever Healthy when you are signing up for services, or when you voluntarily create an account utilizing one of the third-party services that Ever Healthy uses.
If you have User Account with us we allow you to modify, correct, or delete the personal data that you have provided to us that is associated with your account at any point, all you need to do is contact an Ever Healthy representative. User Accounts that have purchased any Subscription service, as outlined in Ever Healthy ’s Terms of Service Agreement, shall have their account information and all related data held in perpetuity until the Subscription service is terminated. Upon termination of the Subscription, the User Account will again be treated as a standard account, in which they may modify or alter any data they have already disclosed to Ever Healthy . Deleting a User Account will automatically delete the Subscription service. Whether you are located in the European Union or elsewhere, to stop our collection and use of your personal data, you need only to delete your account.
If you do not have a User Account with us, we only collect technical data from you. To stop our collection and use of your technical data, you need only cease using Website. We may store your personal data in or transfer your personal data to countries outside of the European Union, which may not offer the same level of protection.
Many of our third-party service providers are located within the United States and their processing of personal data will involve a transfer of data outside of the European Union. Whenever personal data is transferred outside of the European Union, we do our best to ensure a similar degree of security by transferring your personal data to countries that the European Commission has approved as providing an adequate level of protection.
We also put data security measures into place to protect your personal data. We allow access to your personal data only by employees and service providers who have a need to know or access your personal data on our instructions. We will notify you and any regulatory body of any breach of your personal data or our security measures if and when we are legally required to do so.
Right to Access Data
Depending on your jurisdiction, you may have a right to request access to your personal data for correction, transfer, erasure, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact us at [email protected].
You do not need to pay a fee to access your data or to exercise your rights. However, we may charge a reasonable fee if your request is unreasonable or excessive.
To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty days.
Third Party Links
Our services may include links to third party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. We do not control these third-party links and you are advised their respective privacy policies.
Responding to Do Not Track Signals
You can generally opt-out of receiving personalized ads from third party advertisers and ad networks, such as Google and Facebook, who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our Website is not currently set up to respond to browser do-not-track signals, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.
California Privacy Rights
California residents have a right to request that we disclose what personal information we collect from you and whether, and how, we disclose that personal information. California residents may also request that we delete any personal information collected or maintained by us from you. To submit a request for a list of the categories of personal information collected from you or to request that Ever Healthy delete your personal information, please email us at [email protected] or send a letter to the following address:
Attn: Ever Healthy
175 SW 7th St STE 1712 MIAMI,
FL 33130, USA
To verify your request, we may request certain information from you to confirm that you are a user of our Website, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to Ever Healthy to disclose or delete your personal information. To do so, you must provide Ever Healthy with proof that the individual or business has been appointed as your agent, such by providing a signed power of attorney form, and provide accurate responses to any information requested by Ever Healthy that may be necessary to confirm that you are a user of our Website, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by Ever Healthy for their exercise of these rights conferred under California law.
Notification of Changes
Third Party Pixels and Cookies
When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting Retention.com.