Privacy Policy  

Last updated: May 20, 2025

This Privacy Policy describes the policies and procedures concerning the collection, use, and disclosure of information when individuals use the Service. It also explains users’ privacy rights and how the law protects them.

By using the Service, users agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

Words in which the initial letter is capitalized have meanings defined under the following conditions. The definitions below have the same meaning regardless of whether they appear in singular or plural form.

Definitions

• Account: A unique account created for a user to access the Service or parts of the Service.

• Affiliate: An entity or individual that controls, is controlled by, or is under common control with another party, where “control” refers to ownership of at least 50% of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

• Application: Refers to Momentum, a software program developed and provided by Davin Nguyen (the developer).

• Developer: Refers to the individual, Davin Nguyen, who provides the Service, sometimes identified by or under the name “Davinese.”

• Country: Refers to California, United States, where the developer primarily operates.

• Device: Any device capable of accessing the Service, such as a computer, cellphone, or digital tablet.

• Personal Data: Any information that relates to an identified or identifiable individual.

• Service: Refers to the Application or any related services offered under Davinese, including but not limited to Momentum, Zone System, Best Electric, and other apps.

• Service Provider: Any natural or legal person who processes data on behalf of the developer. This includes third parties or individuals contracted to facilitate, provide, or analyze the Service.

• Usage Data: Data collected automatically, generated by the use of the Service or from the Service infrastructure itself (e.g., the duration of a page visit).

• User / You: The individual accessing or using the Service, or a company or other legal entity on behalf of which such individual is accessing or using the Service.

Collecting and Using Personal Data

Types of Data Collected

Personal Data

While using the Service, users may be asked to provide certain personally identifiable information that can be used to contact or identify them. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Usage Data

Usage Data

Usage Data is collected automatically when individuals use the Service.

This data may include information such as a device’s Internet Protocol (IP) address, browser type, browser version, the pages visited on the Service, the time and date of each visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When accessing the Service by or through a mobile device, information may also be collected automatically, including, but not limited to, the type of mobile device used, a unique mobile device ID, the mobile device IP address, the operating system, the type of mobile Internet browser used, unique device identifiers, and other diagnostic data.

Additionally, the Service may collect information that a browser sends whenever a user visits or accesses the Service through a mobile device.

Use of Personal Data

Personal Data may be used for the following purposes:

1. Service Provision and Maintenance
   To provide and maintain the Service, including monitoring its usage.

2. Account Management
   To manage user registration and provide access to various functionalities of the Service available to registered users.

3. Contractual Performance
   To develop, comply with, and undertake any purchase contract for products, items, or services users have purchased, or any other contract established through the Service.

4. Communications
   To contact users by email, telephone calls, SMS, or other forms of electronic communication (such as application push notifications) regarding updates or notifications related to functionalities, products, contracted services, or security updates as necessary or reasonable.

5. Marketing and Offers
   To provide users with news, special offers, and general information about goods, services, and events similar to those previously purchased or inquired about, unless the user has opted not to receive such information.

6. Request Management
   To respond to and manage user requests or inquiries.

7. Business-Related Transfers
   In the event of mergers, divestitures, restructuring, reorganization, dissolution, or other sale or transfer of assets (whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings), Personal Data may be part of the transferred assets.

8. Other Purposes
   For data analysis, identifying usage trends, determining the effectiveness of promotional campaigns, and evaluating and improving the Service, as well as related products, services, marketing, and user experiences.

9. Machine Learning or AI
   While Personal Data is not sold, it may be used to train machine learning or artificial intelligence models that enhance functionalities across the applications associated with Davinese, including but not limited to Zone System, Momentum, and Best Electric.

Sharing Personal Data

Personal Data may be shared in the following situations:

• Service Providers
  Shared with Service Providers to monitor, analyze, and facilitate the Service or to contact users.

• Business Transfers
  Shared or transferred in connection with, or during negotiations of, any merger, sale of assets, financing, or acquisition of part or all of the developer’s projects or services.

• Affiliates
  Shared with affiliates who must honor this Privacy Policy. Affiliates include any entities that may be under common ownership or control with the developer.

• Business Partners
  Shared with business partners to offer users certain products, services, or promotions.

• Other Users
  Visible to all users when shared or otherwise disclosed in public areas of the Service, and potentially publicly distributed beyond the Service.

• With User Consent
  Disclosed for other purposes only with the user’s explicit permission.

Retention of Personal Data

Personal Data will be retained only as long as necessary for the purposes set out in this Privacy Policy. Personal Data will also be retained and used as required to comply with legal obligations (for instance, if data must be kept to comply with applicable laws), to resolve disputes, and to enforce legal agreements and policies.

Usage Data is typically retained for a shorter period, unless it is used to strengthen security or improve the functionality of the Service, or where there is a legal obligation to retain it for a longer period.

Transfer of Personal Data

Information, including Personal Data, may be processed at operating locations in California or elsewhere, and in other places where relevant parties involved in processing are located. This may include transferring and maintaining data on devices or servers located outside of the user’s state, province, country, or other governmental jurisdiction, where data protection laws may differ.

By submitting such information and continuing to use the Service, users agree to these transfers. Reasonable measures are taken to ensure Personal Data is handled securely and in accordance with this Privacy Policy, and no transfer of Personal Data will occur to an entity or country unless there are adequate data protection controls in place.

Deletion of Personal Data

Users have the right to delete or request assistance in deleting Personal Data collected. The Service may allow users to delete certain personal information directly. Users may also update, amend, or delete Personal Data at any time by signing in to an Account (if applicable) and adjusting settings, or by contacting the developer as specified below.

Certain information may need to be retained where required by law or where there is another lawful basis to do so.

Disclosure of Personal Data

Business Transactions

In the event of a merger, acquisition, or asset sale, Personal Data may be transferred. Notice will be provided before such a transfer becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, Personal Data may be disclosed if required by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other Legal Requirements

Personal Data may be disclosed in good faith where such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the developer

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of users of the Service or the public

• Protect against legal liability

Security of Personal Data

The security of Personal Data is important, but no method of data transmission over the internet or electronic storage is 100% secure. While commercially acceptable means are employed to protect Personal Data, absolute security cannot be guaranteed.

Children’s Privacy

The Service is not directed to individuals under the age of 13. Personal Data from children under 13 is not knowingly collected. If a parent or guardian becomes aware that a child has provided Personal Data, immediate contact is advised to seek removal of such information. If Personal Data from children under 13 is collected without parental consent verification, steps will be taken to remove that information.

If consent is required as a legal basis for processing user information, parental consent may be required before collecting and using any data from children under the applicable age in the user’s jurisdiction.

Links to Other Websites

The Service may contain links to third-party websites that are not operated by the developer. Clicking on these links will direct the user to the third party’s site. It is strongly advised to review the Privacy Policy of every site visited. No control is exercised over, and no responsibility is assumed for, the content, privacy policies, or practices of any third-party websites or services.

Changes to This Privacy Policy

This Privacy Policy may be updated periodically. Notice of any changes will be provided by posting the new Privacy Policy on this page and updating the “Last updated” date. Users are encouraged to review this Privacy Policy regularly. Changes become effective when posted on this page.

Contact

Questions about this Privacy Policy can be directed to:

Email: business@davinese.com