Last Updated: May 24, 2018
Before you use or submit any information through or in connection with the Services, please carefully review this Policy. By using any part of the Services, you consent to the collection, use, and disclosure of your information as further outlined in this Policy. We will continue to evaluate this Policy as we update and expand the Services and our offerings, and we may make changes to the Policy accordingly. Any changes will be posted here and you should check this page periodically for updates. If we make material changes to this Policy, we will provide you with notice as required by law. Your continued use of the Services will signify acceptance of the terms of the updated Policy.
EXCLUSIONS FROM THIS POLICY
Also, please note that some information we collect is in connection with Services we offer directly to schools and school districts for school purposes via contracts that may contain different privacy protections in accordance with applicable federal and state laws (e.g., the Family Educational Rights and Privacy Act or various state privacy laws). In the event of a conflict between the terms in this Policy and the data protection and security provisions in such contracts, the provisions in such contracts will govern with respect to such conflict and all other terms in this Policy will remain in effect.
INFORMATION WE COLLECT
We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as from your browser or device.
Information You Provide Directly to Us
We may collect information from you in a variety of ways, such as when you:
- Register for an account
- Make a purchase
- Enter a sweepstakes or contest or register for a promotion
- Complete a survey or provide us with feedback
- Complete an order or information form
- Request certain features (e.g., newsletters, updates, and other products)
- Use certain features that require your information to function (e.g., portions of our site that require log-in to participate)
- Communicate with us, such as through an online form
- Post user-generated content, including comments or photographs, to or on any of our Services, including on community forums and blogs
To use certain parts of the Services, you may be requested to submit information about others. For example, if you order a gift online and want to send it directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of information we may request include, but may not be limited to, the recipient’s name, address and telephone number. Moreover, there may be content that you choose to share with a friend through the Services. If so, we will ask for your friend’s name and email address. We will send your friend an email on your behalf inviting him or her to visit our websites or check out our products.
Some of our online Services include chat rooms, forums, message boards, news groups and other community tools available to our users. Please remember that any information that is disclosed in these areas becomes public information for both us and other users to use and share. Please be considerate and respectful of others while using the community to share your opinions. We reserve the right, but do not have the obligation, to review and monitor such posting, and to delete postings that may be viewed as inappropriate or offensive to others.
Information that is Passively or Automatically Collected
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze information such as (a) IP addresses, geolocation information, unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content (such as advertisements and videos) viewed and the order of those views, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
Cookies and Other Electronic Technologies
We may also collect data about your use of the Services through the use of Internet server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather additional information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in Sarasota, the Services may be customized with Sarasota-specific information and advertisements. In order to do this, your location information may be shared with our agents, vendors or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturers’ instructions for further details.
Information Collected By and From Social Media and Other Content Platforms
Information from Affiliates and Non-Affiliated Third Parties
We may also obtain information about you, such as demographic information, from various third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you with our brand and improve our products, analytics, and advertising.
HOW WE USE YOUR INFORMATION
Zephoria Inc. may use the information you have provided pursuant to this Policy in order to provide the Services, for advertising, or to communicate with you. For example, we may use the information we collect from and about you for the following purposes:
- For the purposes for which you provided it
- To process and fulfill a transaction you initiate or to provide the features, services, and products available through the Services
- To send you information about your relationship or transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed
- With your consent, to send you SMS messages
- To notify you about new features and offerings of the Services, including, but not limited to, discounts, events, news about our Services, products, and/or special offers;
- To contact you with information, surveys, or advertising that we believe may be of interest to you both regarding our products and Services and those of third parties
- To administer sweepstakes and contests
- To process and respond to your inquiries or to request your feedback
- For internal research and reporting
- To improve the content and features of the Services or develop new Services
- To personalize the content and advertising that you see on the Services or on other websites, including across different devices and browsers (see “Personalized Content and Advertising” section below)
- To enforce the legal terms that govern your use of the Services
- To administer and troubleshoot the Services
Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Policy.
We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, and/or others.
LEGAL BASE FOR USE OF YOUR INFORMATION
- Where the use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites or a purchase you made)
- Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our website and applications; operate our business and our Services; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services)
- Where we have a reason to process the data in accordance with applicable laws
- Where we have your consent to engage in a particular processing activity
WHEN WE DISCLOSE USER INFORMATION
Zephoria may disclose and/or share your information to or with any non-affiliated third parties under the following circumstances:
- Service Providers. We may provide access to or share your information with select third parties who perform services on our behalf, including without limitation billing, sales, marketing, advertising, market research, customer support, fulfillment and manufacturing, data storage, analysis and processing, and legal services.
- Protection of Zephoria and Others. By using the Services, you acknowledge and agree that we may access, preserve and disclose your information, including, but not limited to, any user content, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our Terms of Service, this Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Zephoria, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
- Business Transfers. As we continue to develop our business, we may buy, merge or partner with other companies. In such transactions, (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If a portion or all of Zephoria’s assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets.
- Public Forums. Our Services offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Please also remember that if you choose to provide information on public features of the Services, individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about what you choose to disclose publicly and make sure it’s information you want to share with the public.
- Consent. We may disclose your information to any third parties based on your consent to do so.
PERSONALIZED CONTENT, ADVERTISING, AND YOUR CHOICES
Online and Email Analytics
We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology previously described in the “Cookies and other electronic technologies” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive, and provide certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
Tailored Online and Mobile Advertising
Subject to applicable law, we may personalize the content and advertising that you see when using the Services through the use of third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you provide such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out of tailored advertising. In that case, the ads will just not be tailored.
When using a mobile application you may also receive tailored in-application advertisements. Each operating system, iOS for Apple phones, Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to opt-out of tailored in-app advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements.
Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Notice Concerning Do Not Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on the Services for third-party purposes, and that is why we provide links to the various industry opt out pages referenced above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. To learn more about Do Not Track, you can do so here.
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
DATA SUBJECT RIGHTS
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Information” section below at any time. Your local laws (e.g., in the EU) may permit you to request that we:
- provide access to and/or a copy of certain information we hold about you
- prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
- update information which is out of date or incorrect
- delete certain information which we are holding about you
- restrict the way that we process and disclose certain of your information
- transfer your information to a third party provider of services
- revoke your consent for the processing of your information
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
YOUR MARKETING CHOICES
If you have provided contact information through the Services and decide that you do not want Zephoria to use that information for marketing purposes, you can opt-out of future use at any time by: (i) going to the link provided at the bottom of any email you receive and opting out of receiving future marketing information from the specific business division that sent you such marketing email; (ii) by sending us an email at [email protected], and specifying which Zephoria emails you no longer wish to receive; or (iii) through your account settings. Please note that you may not be able to opt out of emails about your transactions and relationship with us, such as emails regarding your account, requests or inquiries, and purchases of products and/or services.
The information discussed in this Policy is processed in the United States by Zephoria, whose principal office in the United States is located at 5077 Fruitville Road, Suite 109-255, Sarasota, FL 34232. Your information will be processed in the United States for the purposes described herein. As described above, we also may subcontract the processing of your data to, or otherwise share your data with, other members within Zephoria or our service providers in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you reside. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
THIRD PARTY LINKS AND SERVICES
The Services may contain links to or “frame” third-party websites, applications and other services (e.g., including retailers or merchants where you can make purchases). Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Services and to read the privacy statements of each and every site they visit that collects their information.
The Services may also include widgets and social media features such as the Facebook “Like” button, which are interactive mini-programs that provide specific services from another company (e.g. displaying the news, opinions, music, etc.). Information such as your email address may be collected through these features. These features may collect your IP address and set cookies to enable them to function properly. We are not responsible for nor do we endorse the privacy practices or the content of such third-party services. Any information you provide via those services is subject to their applicable privacy policies and is not covered by this Policy.
CALIFORNIA PRIVACY RIGHTS
California Law permits visitors who are California residents to request a list of the third parties to which we have disclosed “personal information” (as that term is defined under applicable California law) for such third parties’ direct marketing purposes. We do not currently share personal information with third parties for their own direct marketing purposes.
INFORMATION FROM CHILDREN
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
CHANGES TO THIS POLICY
We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes.
QUESTIONS ABOUT THIS POLICY
If you have any questions about our Policy, you can contact us by emailing us at [email protected] or by writing to us at: Zephoria, Inc., 5077 Fruitville Road, Suite 109-255, Sarasota, Florida 34232, Attention: Legal Department.