Privacy policy.

 

 

Ninth Room, Inc. (DBA Zigy)

Privacy Policy

Effective: April 5, 2021

This Privacy Policy (the “Privacy Policy”) serves to inform you of our policies and procedures regarding the collection, use and disclosure of the information we receive when you access and use all websites (the “Sites”), services, software, mobile applications, content, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled or offered, directly or indirectly, by Ninth Room, Inc. or its affiliates (“Zigy”, “we,” “our” or “us”). Users, account holders, customers, visitors, and others who download, access, use and/or subscribe to the Services (“you”) agree to the following Privacy Policy. The Privacy Policy is incorporated by reference into our Terms of Service, currently available at http://zigyshop.com/terms (the “Terms of Service”). By using the Services, you hereby warrant and represent that you have read, understand and agree to this Privacy Policy and the Terms of Service and that you are over 18 years of age.  PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.

Table of Contents

Personal Information We Collect

How We Collect Personal Information

Our Use of Personal Information

Data that is Not Personal Information

How We Share Your Personal Information

Tracking Tools and Opt-Out

Information about Interest-Based Advertisements

Corporate Transactions

Compliance with Law and Law Enforcement

Links to Other Websites

Data Security and Retention

Children

Managing Your Privacy

California Residents

Nevada Residents

Jurisdiction

Right of Access

International Users

Account

Legal Bases for Processing Personal Information

Direct Marketing

Individual Rights

International Transfers

Changes to this Privacy Policy

Contact Us

 

Personal Information We Collect

“Personal Information” means data that allows someone to identify or contact you individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations.

The Personal Information we collect will vary depending upon the Services you use and may include the following:

·         Profile or Contact Data, such as your name, email address, phone number,

·         Demographic Data, such as zip code.

·         Payment Data, such as payment card type, credit or debit card number, billing address, and billing email.

·         Geolocation Data, such as you IP address-based location information.

·         Device/IP Data, such as IP address or Device ID

·         Web Analytics Data, such as web page interactions or referring webpage (or source through which you accessed the Services).

·         Inferences Drawn from other Personal Information Collected.

·         Any other identifying information that you voluntarily choose to provide to us, including, for example, any identifying information you provide to us in emails or letters.

How We Collect Personal Information

We may collect Personal Information from you when you (i) use our mobile apps or visit the Sites, (ii) register for Services or create an account or profile (an “Account”), (iii) access the Services through social networking sites or third party services, (iv) subscribe to newsletters; (v) purchase a product or Services on the Sites or in our mobile apps (“in-app purchase”); (vi) invite your friends to join the Services, “share” the Services social networking sites or use other similar features; (vii) request technical support; and (viii) otherwise use our mobile apps or online Services where Personal Information is required for such use and/or participation.

We will also collect certain pieces of information automatically and passively in order to provide the Services. For example, we may passively collect personal information when you use our services, such as the referring site and access date and time. When you download and use the Services, Zigy may receive usage information, including, without limitation username, app features or pages viewed, debug logs and other system activities. Zigy collects this data to best serve its users.

Our Use of Personal Information

Zigy believes that the privacy of its users is paramount and strives to use their data only in ways outlined in this Privacy Policy.  By providing your information to us, you are expressly and voluntarily accepting the Terms of Service and freely accepting and agreeing to our processing of your information in ways set forth in this Privacy Policy. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on your part. 

Your information is used and disclosed for, but is not limited to, the following purposes:

·         Providing, Customizing, and Improving the Services

o   Collecting and remitting payment for paid features, including to perform tasks on behalf of and according to instructions of a third party, such as payment processors or third-party service providers.

o   Administering your use of the Services and any Accounts you may have with us.

o   Personalizing your experience.

·         Corresponding with You

o   Providing to you Service announcements or inform you of new releases and features.

o   Providing you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials.

o   Contacting you to obtain feedback from you regarding the Site and the Services.

·         Meeting Legal Requirements and Enforcing Legal Terms

o   Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

o   Protecting the rights, property or safety of you, Zigy or another party.

o   Responding to claims that any posting or other content violates third-party rights.

o   Enforcing any agreements with you, including our Terms of Service.

o   Resolving any disputes.

Note that if you decide at any time that you no longer wish to receive communications, announcements, or information or offers, please follow the unsubscribe instructions provided in the communication. 

Data that is Not Personal Information

We may create aggregated, de-identified or anonymized data from the Personal Information we collect, including by removing information that makes the data personally identifiable to a particular user. We use such non-Personal Information for the purposes identified above and to (i) monitor and analyze use of the Services and for the technical administration of the Sites, (ii) improve the Sites and the Services, (iii) generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and (iv) verify that users of the Services meet the criteria required to process their requests.

How We Share Your Personal Information

We disclose your personal information to the categories of service providers and other parties listed in this section.

·         Service Providers. Zigy may engage certain service providers to help us provide the Services or perform business functions on our behalf. They include:

o   Hosting, technology and communication providers.

o   Security and fraud prevention consultants.

o   Support and customer service vendors.

 

Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

·         Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.

·         Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

·         Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

·         Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”

 

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

Information about Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Information) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Corporate Transactions

Zigy may disclose certain information in the event that it is merged, acquired, sold, or some of its assets are acquired. Zigy will endeavor to ensure that the entity who receives your information treats it in accordance with this Privacy Policy.

Compliance with Law and Law Enforcement

We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to: (i) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce the Privacy Policy or the Terms of Service; (iii) respond to claims of a violation of the rights of third parties; (iv) respond to user comments or service inquiries; (v) protect the our rights, property, or safety and the rights, property and safety of the Services, our users or the public; or (vi) prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.  However, Zigy will endeavor only to disclose information requested via a valid legal process, and will endeavor to notify any user about whom we have disclosed information if possible.

Links to Other Websites

We frequently make content or services from other websites available to you from links located on the Sites. We may present links in a format that enables us to keep track of whether these links have been followed. This Privacy Policy applies only to the Sites and the Services. We do not exercise control over third party services or other websites that provide information, or over banners or links from within the Sites or the Services. Your interactions with these third party services are governed by the privacy policy of the company providing it. These other sites and services may place their own cookies or other files on your computer’s browser, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the Personal Information that you submit, and the collection and use of such information and access of any third party websites are subject to such third party’s privacy policy. We encourage you to read the privacy policies and other terms of such third parties before using their services.

Data Security and Retention

We understand the importance of privacy and security to our users and have made them a priority.  Zigy uses a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure and trains Zigy employees on privacy and security issues. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your Personal Information for improper purposes, and we do not promise that your Personal Information or private communications will be protected from unauthorized disclosure or use. Zigy is not responsible for the actions of those who obtain your content in this manner. Zigy cannot guarantee your safety and security and you should be aware that submitting any information and using the Services is done at your own risk.  Please do not provide any privileged information on the Sites or when using the Services.

We retain Personal Information about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Children

We do not knowingly collect personal information from children under 16 years of age.  Our Services are not directed to children under the age of 16 and children under 16 are not permitted to use the Services.  If we become aware that we have unknowingly collected personal information from a child under the age of 16, we will make commercially reasonable efforts to delete such information from our database.  If you are a parent or guardian of a child under the age of 16, and you believe that your child has provided us with personal information, please contact us at team@zigy.io.

Managing Your Privacy

We keep your data on your behalf and for your benefit. You can correct or delete your account information by following the instructions on the Services or by e-mail at team@zigy.io, which you may also access for further assistance and questions regarding the Privacy Policy or for a copy of your account data. If you cancel your account or request us to delete your information, Zigy will limit its access to personally identifiable data to perform what is requested by you and will delete information accessible to Zigy within seven (7) business days.

California Residents

California Civil Code Section 1798.83 requires certain businesses that share customer personal information with third parties for the third parties’ direct marketing purposes to respond to requests from California customers asking about the businesses’ practices related to such information-sharing. We currently do not share or disclose your Personal Information to third parties for the third parties’ direct marketing purposes.  If we change our practices in the future, we will implement an opt-out policy as required under California laws.

Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at team@zigy.io with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

Jurisdiction

All information passed through Zigy is primarily handled in the United States but may from time to time be handled in any country in which Zigy or its affiliate companies maintain facilities. By using the Services, you agree that the handling of your personal information and any communication through the Services will be governed by the laws of the United States and any applicable state laws.

International Users & Data

This section only applies to individuals residing in a Designated Country.

Account

We collect Personal Information from you, such as your first and last name, e-mail and mailing addresses, telephone number, professional title, company name, and password when you register for an account. In addition, where applicable, we (or our third-party credit card or payment processor on our behalf) may collect Personal Information including your credit card number or account information. In relation to individuals who reside in the United Kingdom, European Economic Area or Switzerland (collectively the “Designated Countries”), pursuant to EU General Data Protection Regulation (“GDPR”), UK GDPR, or any equivalent legislation (collectively “DC Data Protection Laws”), we process this Personal Information to comply with our legal obligations and to fulfill our contractual obligation to you.

Legal Bases for Processing Personal Information

The “Our Use of Personal Information” section above explains how we use your Personal Information.

We will only process your Personal Information if we have a lawful basis for doing so. We may process your Personal Information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, or for legitimate interests, such as improving our Services, monitoring trends and developing new products. From time to time we may also need to process Personal Information to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Direct Marketing

If you are residing in a Designated Country and a current customer, we will only contact you by electronic means (email or SMS) with information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer and located in the EEA or Switzerland, we will contact you by electronic means for marketing purposes only if you have consented to such communication. You have the right to withdraw that consent at any time by using the unsubscribe options in the email marketing communications sent by us.

Individual Rights

If you are residing in a Designated Country when your Personal Information is collected, you have the following rights, which can be exercised by contacting us at team@zigy.io so that we may consider your request under applicable law.

You have the right to:

·         Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it. You can also access and change any Personal Information we store through your account page.

·         Request the correction of any Personal Information we hold about you. If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

·         Request deletion of your Personal Information. You can request that we erase some or all of your Personal Information from our systems. 

·         Object to your Personal Information being processed by us where we are relying on a legitimate interest (or those of a third party). Where your Personal Information is processed on the basis of your consent, you have a right to withdraw your consent at any time by notifying us, but this will not affect the lawfulness of processing by us based on consent given by you before the time consent has been withdrawn.

·         Request that we suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it. If you do ask us to delete or stop processing your Personal Information, we will not always be required to do so. If this is the case, we will explain why.

·         Request the transfer your Personal Information to another controller. This right only applies in certain circumstances. Where it does not apply, we will explain why.

·         Lodge a complaint with a national data protection supervisory authority in your country of residence. You can find your supervisory authority name and contact details under: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

The rights described above may be limited by local laws. Further, your right of access and deletion is not absolute and may not be available if fulfilment of such right would, among other things:

·         Cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of offences and legal claims or the right to a fair trial);

·         Breach or prejudice the rights of confidentiality and security of others;

·         Prejudice security or grievance investigations, corporate re-organizations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or

·         Where the burden or cost of providing access would be disproportionate or the interest of others would otherwise be violated.

International Transfers

We primarily store data about you, including personal information, on servers located and operated within the United States. If you reside outside of the United States, to provide and operate the service, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Therefore, our collection and use of your personal information is subject to the United States’ laws related to privacy and use of personal information and information. These laws, including what is determined to be “personal information,” may be different and less protective than those applicable to you in your country of residence.

By using the Services, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to Zigy in the U.S. and will be hosted on U.S. servers, and you authorize Zigy to transfer, store and process your information to and in the U.S., and possibly other countries.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Zigy website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. We also encourage you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of our policies, you may inquire regarding the same via email at team@zigy.io. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.

Contact Us

If you have any concerns or questions about this Privacy Policy, please contact us at

hi@getzigy.com