LAST UPDATED September 3, 2020
1. PERSONAL INFORMATION
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. It includes, without limitation:
- Postal address (including billing and shipping addresses)
- Region (or country)
- Email address
- Username and password
- Age or age group
- Information relating to your business, including industry, company name and address
- Payment data, including credit card information and third party financial accounts such as PayPal
- Profile picture
- Social media account ID and profile information
- Website URL
(1) Collection of Personal Information
We and our service providers collect Personal Information in a variety of ways, including:
- Through the Services
○ We collect Personal Information through the Services, for example, when you sign up for a newsletter, register for an account, make a purchase, make an inquiry, or participate in our programs such as the Affiliate Program.
- From Other Sources
○ We may receive your Personal Information from other sources, such as
■ publicly available databases;
■ joint marketing partners;
■ social media platforms; and
■ other third parties.
○ If you sign in using your social media accounts, you will share certain Personal Information from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that you make, or is made accessible, to us.
(2) Use of Personal Information
We use Personal Information for the following purposes including, without limitation:
- Providing the functionality of the Services, and fulfilling your requests (reason: performance of a contract, and compliance with a legal obligation).
○ To provide the Services’ functionality to you, such as arranging access to your registered account, providing you with related customer service, and fulfilling our obligations to you, including processing of any applicable payments.
○ To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services.
○ To complete your transactions and purchases, and provide you with related customer service.
○ To send administrative information to you, such as changes to our terms, conditions and policies.
- Providing you with our newsletter and/or other marketing materials and facilitating social login and sharing (reason: to receive consent, and for legitimate business purpose).
○ To send you marketing related emails and direct messages, with information about our Services, new products and other news about our company.
○ To facilitate social sharing functionality that you choose to use.
- Analysis of Personal Information for business reporting and providing personalized services (reason: legitimate business purpose).
○ To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
○ To better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
○ To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
- Allowing you to participate in promotions such as sweepstakes and contests (reason: performance of a contract).
○ We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.
○ Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information.
- Aggregating and/or anonymizing Personal Information (reason: legitimate business purpose).
○ We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate and analyze data for our use, which we may use and disclose for any purpose.
- Accomplishing our business purposes (reason: compliance with a legal obligation, and for legitimate business purpose).
○ For data analysis, for example, to improve the efficiency of our Services;
○ For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
○ For fraud and security monitoring and prevention purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft, including in connection with the Affiliate Program;
○ To develop new products and services, including the Affiliate Program;
○ To enhance, improve, or modify our current products and services;
○ To identify usage trends, for example, understanding which parts of our Services are of most interest to users;
○ To determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
○ To operate and expand our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
(3) Disclosure of Personal Information
We disclose Personal Information:
- To our third party service providers, to facilitate services they provide to us.
○ These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing, and other services.
- To third parties, to permit them to:
○ Provide the Services to you, pursuant to contractual engagements with ZeBrand.
○ Respond to inquiries regarding the licenses they grant, including contacting you directly.
○ Provide customer support when ZeBrand is unable to.
○ Take measures to prevent piracy and other unauthorized use.
○ Conduct customer analysis.
- By using the Services, you may elect to disclose Personal Information
○ To social media networks and on message boards, chat, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
Please carefully read through the privacy policies of these other websites and services to be informed of their practices.
(4) Other Uses and Disclosures
We also use and disclose your Personal Information as necessary or appropriate for our legitimate business purpose:
- To comply with applicable law and regulations.
- To cooperate with public and government authorities.
○ To respond to a request or to provide information we believe is important.
- To cooperate with law enforcement.
○ For example, when we respond to law enforcement requests and orders or provide information we believe is important.
- For other legal reasons.
○ To enforce our terms and conditions; and
○ To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
- In connection with a sale or business transaction.
○ For example, disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
2. OTHER INFORMATION
“Other Information” is any information that does not directly reveal your specific identity or does not directly relate to an identifiable individual, such as
- Browser and device information
- Information collected through cookies, pixel tags and other technologies
- Demographic information and other information provided by you that does not directly reveal your specific identity
- Information that has been aggregated in a manner such that it no longer reveals your specific identity
If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy.
(1) Collection of Other Information
We and our service providers may collect Other Information in a variety of ways, including:
- Through your browser or device:
○ Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
○ IP Address. Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.
(2) Uses and Disclosures of Other Information
We may use and disclose Other Information for any legal purpose, except where we are required to treat it otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
(1) Cookies And Similar Technologies?
- Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your visit to the Sites. Cookies help us learn which areas of the Sites are useful to our users and which areas may need improvement. For this purpose, we also use technologies similar to cookies, such as Flash Local Shared Objects (also known as Flash cookies) or pixel tags.
- If you choose to not accept (certain categories of) or disable cookies and similar technologies, your experience on the Sites may be diminished and some features may not work as intended.
(2) What Cookies And Similar Technologies Do We Use?
- Below we list the different categories of cookies and similar technologies that are used or may be used on the Sites.
○ Preference Cookies. Preference cookies collect information about your choices and preferences, and allow us to remember language or other local settings and customize the Sites accordingly.
○ Social Media Cookies. Social media cookies collect information about social media usage and facilitate the social media sign-on functionality provided on the Sites.
○ Advertising Cookies. Advertising cookies are set to display targeted promotions or advertisements based upon your interests on the Site or to manage our advertising. These cookies collect information about your activities on the Sites to provide you with targeted advertising.
○ Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
4. THIRD PARTY ADVERTISERS
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
6. CHOICES AND ACCESS
(1) Your choices regarding our use and disclosure of your Personal Information for marketing purposes
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
- Sending commercial electronic communications (such as marketing-related emails and DMs) to you: If you no longer want to receive commercial electronic communications from us on a going-forward basis, you may opt-out by sending a request email to firstname.lastname@example.org.
- Our sharing of your Personal Information with affiliates for our affiliates’ direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by contacting us by email to email@example.com.
- Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by contacting us by email to firstname.lastname@example.org.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails, we may still send you important administrative messages, from which you cannot opt-out.
(2) How you can access, change or delete your Personal Information
If you would like to request to review, correct, update, suppress, restrict or delete Personal Information, object to the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us by e-mail to email@example.com. We will respond to your request consistent with applicable law, and we will try to comply with your request as soon as reasonably practicable.
In your e-mail, please clearly indicate your request to us (for e.g., what Personal Information you would like to have changed, or whether you would like to have your Personal Information suppressed from our database, etc.) For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).
7. RETENTION PERIOD
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services, including participating in programs made available to you as part of the Services);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
8. THIRD PARTY SERVICES
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Google, or any other social media platform provider, operating system provider, or third-party cookie provider, including with respect to any Personal Information you disclose to other organizations through or in connection with the Sites or our Social Media Pages.
9. USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.
10. JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you understand that your information may be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
We will only transfer Personal Information of customers in the European Economic Area (EEA) to countries outside the EEA if these countries are recognized by the European Commission to provide an adequate level of data protection according to EEA standards (the full list of these countries is available here) or if we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. Please note that our affiliate ZeBrand Co., Ltd. is located in Japan, which is a country considered by the European Commission to provide an adequate level of data protection. You may obtain a copy of any other adequate measures we have put in place by contacting us at the contact details provided below (under “Contacting Us”).
If you are a resident of California as defined in Section 17014 of Title 18 of the California Code of Regulations, you may have additional rights under the California Consumer Privacy Act of 2018.
11. THIRD PARTY PAYMENT SERVICES
13. CONTACTING US
142 W 57th St, New York, NY 10019, United States
If you are an individual who resides in the EEA, you may also lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available here.