Copyright Information

3Mina Wave (to be 3Mina InfoTech, Inc. effective October 06, 2017), through its whollyl owned subsidiary (collectively, “3Mina InfoTech”), owns www.3minawave.com (“the Site”). 3Mina InfoTech owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of 3Mina InfoTech. All names, logos and trademarks which appear on the Site are the property of 3Mina Wave or are used by 3Mina InfoTech under license. Your failure to comply with this Terms of Use will constitute breach of contract and will violate 3Mina InfoTech’s copyright, trademark and other proprietary and industrial property rights.

Use of the Site

This Terms of Use governs the Site, and all sites of the affiliates of 3Mina InfoTech. By using the Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Site if you do not accept and agree to the Terms of Use. Unless otherwise referenced herein, any reference to “3Mina InfoTech” shall include 3Mina InfoTech, Inc. (to be 3Mina InfoTech, Inc. effective October 31, 2017) and all of its affiliates. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and 3Mina InfoTech asks that you do not use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.

3Mina InfoTech may at any time revise the Terms of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current Terms of Use.

You also may be subject to additional Terms of Use that are applicable to certain parts of the Site. 3Mina InfoTech may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in 3Mina InfoTech’s sole discretion you fail to comply with any provision of these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between 3Mina InfoTech and you as a result of this Agreement or your use of the Site.

The failure of 3Mina InfoTech to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

No License

Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of 3Mina InfoTech.

Use of information submitted by you

Note: This section does not apply to personal data supplied by you to the Site, such as your name, address, e-mail address, telephone number and the like. Please see our privacy policy statement for information regarding our treatment Of personal data.

If you respond to 3Mina InfoTech with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of 3Mina InfoTech, and your submission of information shall constitute an assignment to 3Mina InfoTech of all worldwide rights, titles and interests in such information. 3Mina InfoTech will not be liable for any use or disclosure of such information. 3Mina InfoTech will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. 3Mina InfoTech will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Product and Pricing Information

The information on this Site does not constitute a binding offer to sell products described or referenced on the Site. 3Mina InfoTech reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Although 3Mina InfoTech has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and 3Mina InfoTech cannot guarantee that the user’s monitor will accurately portray the ACTUAL colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.

Disclaimers and Limitations of Liability

While 3Mina InfoTech attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. 3Mina InfoTech reserves the right to make corrections and changes to the Site at any time without notice. 3Mina InfoTech does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to their use of the Site. 3Mina InfoTech disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. 3Mina InfoTech does not warrant that the Site is free of computer viruses, bugs or other harmful components. 3Mina InfoTech does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. 3Mina InfoTech does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. 3Mina InfoTech does not have any duty to update the Site or modify their Content or Code, and 3Mina InfoTech shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it.

3Mina InfoTech makes no warranties of any kind regarding any non-3Mina InfoTech websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and 3Mina InfoTech makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-3Mina InfoTech sites.

In no event shall 3Mina InfoTech, its affiliates or any of its respective directors, officers, Employees, agents, or content or service providers be liable for any direct, special, Indirect, incidental, consequential, exemplary or punitive damages, losses or any other Damages of whatever kind resulting from whatever cause, including, but not limited to, Loss of use, loss of profits, loss of data, or any other type of damage, tangible or Intangible in nature, whether in an action under theories of contract, tort or Otherwise, arising out of or in any way relating to the use or performance of the Information on, or accessed through, the site.

Additional Disclaimer

In no event shall 3Mina InfoTech be liable for any direct, special, indirect or consequential Damages, or any other damage of whatever kind resulting from whatever cause, including, Without limitation, loss or damage to property and injury or death to persons, arising Out of or in any way relating to the use or performance of the information on, or Accessed through, the site.

Indemnification

You agree to indemnify, defend and hold harmless 3Mina InfoTech and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. 3Mina InfoTech reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with 3Mina InfoTech in the defense of such matter.

Serviceability

If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Disputes

Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to confidential arbitration in New York, New York. Any claim or cause of action you may have with respect to 3Mina InfoTech or the Site must be commenced within one (1) year after the claim or cause of action arose. However, if you have in any manner violated or threatened to violate any 3Mina InfoTech Intellectual Property right, 3Mina InfoTech may seek injunctive or other appropriate relief in any state or federal court in New York, New York. You consent to exclusive jurisdiction and venue New York, New York. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Entire Agreement and Admissibility

The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and 3Mina InfoTech with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY STATEMENT

Last updated December 1, 2022

We, 3Mina InfoTech Inc., are part of the 3Mina InfoTech Inc. website which include www.3minawave.com. In this Privacy Notice, we describe how we use personal information that we collect from you if you are in the U.S. and you:

• Access or use our website:

www.3minawave.com, or any other website, application or online service that we operate which includes a link to this Privacy Notice;

• Sign up in any of our stores for any of our online services; or
• Contact us for customer care.

If you are a resident of the relevant U.S. state, please also see our Supplemental U.S. State Privacy Law Notice at Section 9 of this Privacy Notice below.

1. What Types of Personal Information Do We Collect

Information You Actively Submit: If you buy our products online, register for an online account with us, use the “wish list” features of our online services, sign up for updates and marketing communications from us, participate in our sweepstakes or surveys, request specific product customizations from us, submit a product review on our website, contact us for customer service, or

 otherwise interact with us via our online services, we may collect personal information about you, including the following:

• Contact Data,which may include your name, alias, username, postal address, email address and telephone number;
• Order information and Account Data, which may include your Contact Data, payment card information, billing address, birth day and month, gender, nationality, and the details of the products or services you have ordered, purchased or requested from us;
• Giveaways or Sweepstakes Data, which may include your Contact Data and the details of the giveaway or sweepstakes you have voluntarily entered;
• Social Media Data, which may include your social media interactions with us (e.g., if you “like” or “share” or “comment” on something you see on our social media platforms) and any information you actively provide to us for social media marketing purposes; and

• Correspondence Data, which you voluntarily provide to us when making inquiries to customer care, comments on our social media, product reviews on our site, survey feedback, interests if you choose to participate in our clienteling program, and any other information you actively provide to us.

Information Passively Submitted on our Online Services: When you use our online services, we collect information from or about the computer, phone, or other devices on which you have installed, or from which you access, our online services, and information about your usage of our online services, including the following:

• Technical Data, which includes your IP address, browser type and version, device identifier, location and time zone setting, network and/or service provider, operating system, and platform, page response times, and download errors;
• Online Usage and Interaction Data,which includes the websites you visited before and after visiting our website, products you viewed or searched for on our online services, length of visits to certain online pages, online page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from online pages, your interactions with our marketing emails (such as whether and when you opened an email from us, and whether you clicked a link in the email or forwarded the email), and your interactions with our online ads.

Cookies and Related Technologies: We and our business partners may use cookies and other similar technologies such as pixel tags and web beacons to collect certain types of Technical Data and Usage Data described above as permitted by applicable law. Cookies and similar technologies are placed on our site for the following purposes:

• Enable basic functioning of our website;

• Web analyticsto improve our website (structure, features, accessibility and usability, content, or to fix any technical issues through gathering relevant technical data);
• Enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart);
• Monitor the effectivenessof our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails); and
• Learn more about your preferencesand Internet browsing habits to provide you with tailored web-visit.

For more information about the cookies and similar technologies we use, please see our How we use Cookies in section 8 below.

No Children’s Information: Our online services are not intended for use by children under the age of 13. We do not knowingly register or otherwise collect personal information from any child under the age of 13 without the prior verifiable consent of the child’s parent or guardian. However, we may collect personal information about children under the age of 13 if you provide the name of your child while using our clienteling applications. For more information, please see Section 9.

2. How Do We Use Your Personal Information?

We use the following categories of personal information for the following purposes:

• Contact Data to communicate with you, including about products and services you have ordered, or to send you updates about our products, services, or campaigns across any of the 3Mina InfoTech websites(www.3minawave.com) that may be of interest; or when you voluntarily enter to win a contest, sweepstakes or giveaway.
• Order Information and Account Data to create and manage your account on our website (for example to enable you to access, update and save your preferences to the account); fulfill your orders, including product customization requests.
• Social Media Datato interact with you through our social media platforms; and administer social media marketing initiatives or social media advertising campaigns.
• Correspondence Datato respond to any specific queries you may have when you contact customer care, to understand your preferences so that we can provide you with updates about our products, events, or services that may be of interest, provide you with a more tailored shopping experience when you opt in to our clienteling program in our stores, to administer sweepstakes and giveaways, or to improve our product offerings and customer experience based on your responses to a survey or product review.
• Technical Data and Online Usage and Interaction Data to provide, maintain, monitor, secure, debug, personalize and optimize our online services to and for you; provide you with customer service and technical assistance for example when you use our chat function; and to generally develop and improve our products and services. We also use technical data that is automatically collected by cookies and related technologies to understand the effectiveness of our ads and social media campaigns.

We also use your personal information for the following purposes (collectively, the “General Processing Purposes”), as permitted by applicable law:

• Advertising and Marketing Activities: To provide you with marketing communications, updates on special offers or promotions, products and services across any of the 3Mina InfoTech website(www.3minawave.com) that we believe you may be interested in, or to administer and let you know about our sweepstakes and giveaways. We may tailor the content of those communications based on our understanding of your preferences. Please note that, where permitted by applicable law, we may use your information to help all 3Mina InfoTech brands provide you with surveys, create customer profiles, generate inferences, and deliver targeted advertisements (“cross-brand marketing”). You can opt-out of cross-brand marketing at any time by clicking the “unsubscribe” link at the bottom of any email that you receive or emailing privacy@3mina.co.
• Compliance with Laws:To perform activities necessary to ensure compliance with applicable national, state, provincial and other applicable laws, and to respond to requests from government authorities.
• Performance of Contracts: To perform our obligations and exercise our rights under our Terms of Use or any other agreement that you enter with us.
• Protection of Legal Interests:To protect our legal interests, such as in the event of a complaint or dispute.
• Research and Development:To perform research and undertake surveys to understand preferences about our products and customer experience, to improve product design and product testing;
• Merger or Sale:In the event that we, or some or all of our assets are acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control, we may transfer some or all of the personal information that we have collected about you to another organization as part of that transaction. If we intend to transfer your personal information in connection with such a transaction, we may proceed with notice to you, grant you an opportunity to object, or seek your consent, as permitted or required by applicable law.

3. With Whom Do We Share Your Personal Information?

We may share your personal information with the following types of third parties as permitted by applicable law:

• As described above in Section 2, we may share your information with any 3Mina InfoTech brand to generate cross-brand marketing materials tailored to your specific interests, program memberships, and purchases. For example, if you sign up for email marketing materials from one of our (e.g., www.3minawave.com), we may use your information to create similar marketing materials for another website’s products that may be of interest to you. You can opt-out of this sharing at any time by emailing privacy@3minawave.com.
• Our service providers and business partners: We rely on affiliated and unaffiliated companies, agents, and contractors to assist us with the provision of 3Mina InfoTech services and products to you, including:

  o Online payment and fraud prevention service providers when you make a purchase;

  o Delivery / logistics service providers, to deliver products you have purchased;

 o Customer care services

  o Infrastructure and IT service providers, including cloud service providers to administer our website and your account if you register with us;

  o Marketing, advertising and communications agencies to send you information about products and services that may be of interest to you;

  o Providers of services related to some enhanced online features such as customer review;

  o Advertising companies who help us understand the effectiveness of our ads and traffic on our site;

  o Providers of website testing / analytics services; or

  o External auditors and advisers;

  We provide our service providers and business partners with access to your personal information so that they may provide services to us, subject to non-disclosure agreements and other data protection safeguards.

• Third parties permitted or required by law: In certain circumstances, we may be required to disclose or share your personal information to comply with a legal or regulatory obligation. For example, we may be required to disclose personal information to regulators, government agencies, or to judicial or administrative authorities. We may also disclose your personal information to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, for law enforcement purposes, or to enforce our contracts or protect your rights.

• Third parties connected with business transfers: We may transfer your personal information to third parties in connection with a reorganization, restructuring, merger, acquisition or transfer of assets, provided that the receiving party agrees to treat your personal information in a manner consistent with this Privacy Notice.

Please note our online services may contain links to and from the websites of our partners or affiliates that are not owned or operated by us. If you follow a link to any of these websites, please review the privacy policies of third party websites before you submit any personal information to them. We are not responsible for any privacy or security policies of these third party sites.

4. How do we protect your personal information?

We keep your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject to; or (iii) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations). We may remove personal information for inactive accounts from our database, subject to any applicable legal or regulatory obligations. Furthermore, we may delete personal information from our database at any time and without providing any reason.

We have implemented technical and organizational security measures intended to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Notice, as well as other administrative, technical and physical safeguards.

For example, when you place an order on www.3minawave.com, we use Secure Socket Layer (SSL) technology, an encryption tool that provides security while transmitting information over the Internet. We also use firewall technology, password controls, and other technological and procedural safeguards in respect of your online interactions with us.

While we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.

5. What are Your Choices and Rights?

Unsubscribe. You may unsubscribe from our marketing emails or SMS communications. To unsubscribe from email marketing, please click the “unsubscribe” link at the bottom of any email that you receive or email us at privacy@3minawave.com. To unsubscribe from SMS communications, follow the instructions in the message. Please note that if you have already requested products or services when you decide to withdraw consent, there may be a short period of time for us to update your preferences and ensure that we honor your request.

Update, Modify or Correct Your Information. We encourage you to contact us to update or correct your personal information if it changes or if you believe that any information that we have collected about you is inaccurate. We may request information from you to honor your request, such as to ensure proper authentication or to verify the business branch of ours to which the information was provided.

Rights under Applicable Privacy Laws. You may have rights under applicable privacy laws, including to access or erase certain personal information that we have about you, or restrict or object to certain activities in which we engage with respect to your personal information. To submit a request to exercise any such rights, please contact us using the details in Section 7 below. If you are a resident of the relevant US state, please also see our Supplemental US State Privacy Law Notice at Section 9 below.

6. Changes to This Privacy Notice

We may change, modify, add, or remove portions of this Privacy Notice at any time, in which case we will provide individuals with notice of such updates where required by applicable law and then upload the updated Privacy Notice to our website www.3minawave.com.  You should check this page periodically for changes. Your continued use of our online services or any of the other services described in this Privacy Notice following the posting of changes to this Privacy Notice will be considered your consent to those changes.