Legal & Privacy
Policies
- Privacy Policy – This privacy policy details how New Wave Design collects and uses the personal information you provide on our websites. Please review this section for more information.
- Terms of Use – By using this website, you accept all our Terms of Use. In addition, because New Wave may revise these Terms of Use from time to time, you should revisit this page periodically to review. If you do not accept these terms, please do not use this website.
Privacy Policy
Last Updated: April 2024
New Wave Design and Verification, LLC, dba New Wave Design (“New Wave Design”, “New Wave” “we,” “us,” “our”) respects and values your privacy rights. This Privacy Policy outlines how we collect, use, disclose, and protect your information when you visit our website www.newwavedesign.com (“Site”). It also describes your privacy rights and how you can exercise them. By using our website, you agree to the terms of this Privacy Policy.
Your visit to the website and any dispute over privacy is subject to the Website Terms of Use, including limitations on damages and application of the law of the State of Minnesota. Use of this Site is strictly voluntary. If you do not agree to the Site’s Privacy Policy and Terms of Use, you must immediately log off the Site and may not use the Site. Additionally, we may not be able to assist you in connection with matters relating to our Site.
Your Consent
THE VARIOUS COUNTRIES IN WHICH WE OPERATE MAY HAVE DATA PROTECTION AND PRIVACY LAWS THAT DIFFER FROM THE LAWS IN YOUR COUNTRY AND MAY OFFER DIFFERENT AND/OR FEWER PROTECTIONS THAN THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE. YOU AGREE TO THIS RISK AND CONSENT TO TRANSFERS OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.
BY SUBMITTING ANY OF YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.
1. Information We Collect
Automatic Information. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, we collect your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Site, so that data (such as the web pages you request) can be sent to your computer or device. When you interact with us through the Site, we automatically collect information about your usage of our Site, such as your IP address, browser type, operating system, referring URLs, pages viewed, and the dates/times of your visits. We receive and store certain types of information in the form of “cookies,” or small storage files that transmit your electronic identity to the websites that you visit. We may use cookie data to “recognize” you when you visit the website in the future, to troubleshoot how the website operates, and for internal analysis of how people use the website. Should you decide not to accept cookies from the Site, you will limit the functionality we can provide when you visit and use the Site.
User-Supplied Information. When you engage in certain activities on the Site, such as using the Contact Us feature on the Site or otherwise providing feedback on the Site, we may ask you to provide personal and other information. This may include your name, email address, phone number, job title, company name, and other information you choose to provide.
2. Use of Information
We use the information we collect to provide and improve our services, respond to your inquiries, customize your experience, communicate with you, and conduct research and analysis.
We may always use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.
3. Sharing of Information
We share your information with trusted service providers who assist us in operating our website, conducting our business, or serving our users. We may also share your information when legally required, or to protect our rights and interests.
In addition, since the information related to the operation of our business is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.
In the event we intend to use your personal information for a purpose unique to you, we will obtain your specific consent for the use of your personal information for that purpose.
4. Cross-Border Data Transfers
We transfer information to various jurisdictions as necessary for the purposes described in this Privacy Policy. Some of these jurisdictions may not provide the same level of data protection as your home country. We take reasonable and appropriate steps designed to provide appropriate protections for cross-border transfers as required by law. For example, in connection with certain international transfers, we implement standard contractual clauses approved by regulatory authorities of the relevant jurisdiction and other safeguards designed to protect your information. In certain jurisdictions, you may have the right to request a copy of the mechanisms we have in place by contacting us as detailed below under “Contact Us.”
5. Your Rights and Choices
If you are in the European Economic Area (EEA) you have the following rights:
Marketing Opt-Out. If you would like to opt out of receiving promotional or marketing emails from us, you may use the “unsubscribe” mechanism included in each marketing message. You can also let us know by using the information in “Contact Us” below. Please note that opting out of receiving marketing emails does not preclude us from corresponding with you regarding your existing relationship with us.
Under certain circumstances, you have rights under data protection laws in relation to your information. These include:
GDPR Rights. For individuals in the European Union, the General Data Protection Regulation (GDPR) gives you the right to access, correct, update, or delete your information. You also have the right to object to our processing of your information, ask us to restrict processing, and request data portability. If we are processing your information with your consent, you have the right to withdraw your consent at any time.
California Privacy Rights. California residents have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These include the right to know what personal information is being collected, the right to delete personal information held by businesses, the right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA, and the right to opt out of the sale of personal information.
6. Data Security
We implement technical and organizational measures to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security.
7. Information Relating to Minors
Our website is not intended for minors under the age of 16 and we do not knowingly collect any personal information from minors under the age of 16 without prior consent as required by applicable law. If you believe a minor under the age of 16 has provided us with personal information, please contact us using the information provided in “Contact Us” below. We will take reasonable measures to delete the information as soon as possible and not use such information for any purpose, except where necessary to protect the safety of the minor or others as required or allowed by law.
8. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our website and updating the “Last Updated” date. You are advised to review this Privacy Policy periodically for any changes.
If you have any questions about this Privacy Policy or wish to exercise your rights, please contact us at:
Mailing Address: 10260 Viking Dr., Ste. 250, Eden Prairie, MN 55344
Email: info@newwavedesign.com
Phone: 952-224-9201
By using our website, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Privacy Policy.
Terms of Use
Effective Date: Insert date of launch
Welcome to www.newwavedesign.com (the “Website”). These Terms of Use (“Terms”) govern your use of the Website, including all content, features, and services offered on or through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not access, or use the Website. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NEW WAVE DESIGN & VERIFICATION, LLC, dba New Wave Design (“New Wave Design”, “New Wave,” “we,” “us,” and “our”).
1. Acceptance of Terms
By accessing or using the Website, you affirm that you are at least 18 years old or have the necessary consent from a legal guardian. You also acknowledge and agree that these Terms constitute a binding agreement between you and New Wave. These Terms apply to all users of the Website, including visitors, registered users, and contributors. Use of the Site is strictly voluntary. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY YOU MUST IMMEDIATELY LEAVE THE SITE AND MAY NOT USE THE SITE.
2. Intellectual Property
The content, design, graphics, logos, trademarks, and other materials displayed on the Website (“Content”) are owned or licensed by New Wave and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of the Content without prior written permission from New Wave.
We or our licensors own and reserve all rights, title, and interest in and to the Website. These Terms do not grant you any rights in or to the website or any of its components except for the limited rights to use the Website expressly granted by these Terms.
3. User Contributions
By submitting any text, images, audio, video, or other content (“User Contributions”) on the Website, you grant New Wave a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform the User Contributions in connection with the Website and New Wave’s business operations.
You represent and warrant that you have the necessary rights and permissions to submit User Contributions, and that the User Contributions do not violate any third-party rights, including copyright, trademark, privacy, or publicity rights. New Wave reserves the right to remove or refuse to publish any User Contributions for any reason.
Any information collected at this Website and the purposes for which we may use this information are outlined in our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using the Website, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.
4. Prohibited Conduct
When using the Website, you agree not to: a. Violate any applicable laws, regulations, or third-party rights; b. Engage in any fraudulent, misleading, or harmful activities; c. Transmit any unauthorized advertising, promotional materials, or spam; d. Interfere with or disrupt the security or functioning of the Website or its servers; e. Attempt to gain unauthorized access to any portion of the Website or its systems; f. Use any automated means to collect information from the Website without New Wave’s prior written consent; g. Impersonate any person or entity or falsely represent your affiliation with any person or entity; h. Use the Website for any unlawful or unauthorized purpose; i. Engage in any conduct that could damage, disable, overburden, or impair the Website or its users; j. Use any robot, spider, other automatic device, or manual process to screen scrape, monitor, mine, or copy the web pages on the Website or the content contained therein without our prior, express, and written permission; or k. Use this Website for commercial purposes without our prior, express, and written permission.
5. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by New Wave. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that New Wave shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
6. User Content; Monitoring Activity
You agree that you are solely responsible for the Post of any content or information that you make available on or send through this Website (“User Content”). In addition to the rights granted to us elsewhere in these Terms, you hereby grant us the irrevocable right to copy, display, and use your User Content in connection with this Website and for the purposes related to your Post of the User Content. Although we have no obligation to screen, edit or monitor any of the User Content or user conduct on this Website, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to this Website, you represent and warrant that: (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to this Website and to grant the rights to us you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with this Website, does not and will not violate these Terms or any applicable local, state, national or international statute, regulation, or law.
7. Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us on this Website, by a Post or otherwise (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
8. Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEW WAVE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEW WAVE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT SUCH USE IS AT YOUR SOLE RISK.
9. Limitation of Liability
To the fullest extent permitted by law, New Wave shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use or inability to use the Website, even if New Wave has been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, but they shall apply to the extent permitted by applicable law. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR AGGREGATE LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THIS WEBSITE EXCEED FIVE U.S. DOLLARS ($5.00).
10. Indemnification
You agree to indemnify, defend, and hold harmless New Wave, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to your use of the Website, violation of these Terms, or infringement of any third-party rights. If at any time you are not satisfied with the Website, your sole remedy is to cease using the website.
You agree to indemnify, defend, and hold us and our successors and assigns harmless from and against and in respect of any and all third party claims or demands and resultant losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we incur or suffer which relate to your use of this Website, your failure to perform any of your obligations under these Terms, or your breach of any of your representations or warranties made under these Terms.
11. Changes to the Terms
New Wave reserves the right to modify or update these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. By continuing to use the Website after any modifications, you agree to be bound by the revised Terms.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws Minnesota. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Hennepin County
13. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions.
14. Entire Agreement
These Terms constitute the entire agreement between you and New Wave regarding your use of the Website and supersede any prior agreements or understandings, whether written or oral.
If you have any questions or concerns about these Terms, please contact us at:
Mailing Address: 10260 Viking Dr., Ste. 250, Eden Prairie, MN 55344
Email: info@newwavedesign.com
Phone: 952-224-9201
By using www.newwavedesign.com, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.