Zencastr Privacy Notice

This Policy is designed to explain how we process your personal information and how you can exercise control over our processing. Capitalized terms that are used but not defined in this Policy are defined in our Terms. The Terms describe how the Services work in general, and establish a contract between you and us governing your use of the Services.

Contact us

If you have any questions or feedback about this Policy, contact us at support@zencastr.com or by mail at:

Zencastr, Inc.
2261 Market Street #4399
San Francisco CA, 94114

To exercise your privacy rights online, use our request form (when available).

Scope of Policy

This Policy covers personal information—not User Content. If any User Content is deemed to be or encompass personal information, you consent to Zencastr’s use as described in the Terms and agree that your privacy rights won’t apply.

As further described in our Terms, Zencastr may share or sublicense User Content with third parties, including to train machine-learning and AI models and analyze content to present monetization and brand opportunities. Zencastr does not ‘sell’, ‘share’ or receive value in exchange for any of the personal information described in this Policy in connection with licenses, analysis or other use of User Content.

By using the Services, you consent to Zencastr’s use of User Content in accordance with the Terms. To the extent any User Content is deemed, characterized or held to be or contain personal information, you consent to Zencastr’s use of any such personal information, in accordance with the Terms, as User Content.

You understand that this Policy covers personal information, not audiovisual content, and that the uses, rights and processes herein do not describe or apply to how Zencastr uses content, including User Content. You agree that your privacy rights, including as described in this Policy, will not apply to your User Content.

Changes to this Policy

We will update this Policy when necessary to reflect changes in our services, how we use Personal Data, or the applicable law. Anytime we modify the Policy, we will revise the Last Update date atop this Policy.

If we make material changes to this Policy, we will provide notice or obtain consent regarding such changes as may be required by law.

The Services are intended for adult users. We do not knowingly collect information from anyone under the age of 18, and we do not share or sell information about anyone under 18 without affirmative authorization. If we learn that we have collected information from a person under age 16, we will delete that information as quickly as possible.

• If you are under 18: sorry, but please leave the Services. If you’ve already sent us information, please contact us first so we can delete it.
• If you are a parent or guardian of a person under 18 years of age and you believe that person provided information to us, please contact us.

We and our third-party service providers collect and process personal information when you interact with the Services. This includes:

• personal information you submit or provide directly,
• data collected automatically (which we call “Usage Data”), and
• information we generate, infer or receive from other sources.

Types of information

Account Information. When you set up an account to access Zencastr, you will be required to provide us with some personal information, which may include your name, email address, password, payment information, phone and/or address. Your payment information such as credit card information and billing address will be collected by our trusted third-party payment provider.

We will use this information to administer your account, contact you in accordance with your preferences, track your User Content, credit and redemption payments and for other purposes necessary to provide the Services to you.

Usage, Device and Log Information. We collect information about you when you access and use the Services. This personal information includes your Internet Protocol (“IP”) address, access times, browser type and language, Web pages you visit, device information, microphone and camera type, activity logs, session recordings, log-in credentials, and other actions you take, in order to improve our Services, and/or develop new Services.

Technologies we use

When you use and interact with the Services, software automatically collects Usage Data. To give you more insight, this section summarizes the main types of technologies the Services to generate and collect Usage Data:

Cookies and Local Storage

Cookies and local storage may be set and accessed on your device. Upon your first visit to the Services, a cookie or local storage will be sent to your device that uniquely identifies your browser. “Cookies” and local storage are small files containing a string of characters that is sent to your computer’s browser and stored on your device. Cookies map predetermined fields to custom values based on your visit or interactions with the web service that writes the cookie. Most web services use cookies to provide useful features for their users, like remembering you when you return to a website.

Most browsers are initially set up to accept cookies. You can configure your browser to refuse some or all cookies or to indicate when a cookie is being sent; however, if you reject cookies, the Services may not remember you when you visit, and you may be unable or take full advantage of our Services.

Pixel Tags

The Services also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the device that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your device.

App Technologies, Customization, and Usage

Our apps collect information about your installation, use, and updating of our apps as well as information about your device, including your unique mobile device identifier (“UDID”) and other technical identifiers. More specifically, these tracking technologies allow us to collect data about your device, your use of our apps, and the content you interact with.

These app-based technologies cannot be controlled by browser settings. For example, our apps may include third party SDKs, which is code that sends information about your use to a server, and is in effect the app version of a pixel. These SDKs allow us to track our conversions and communicate with you across devices, bring you advertising both on and off the Services, customize the app to your interests and preferences and link such across platforms and devices, and provide you with additional functionality, such as the ability to connect our Services with your Social Login.

Security

Zencastr employs industry standard organizational, technical, administrative and technological measures that are reasonably designed to help protect information from loss, misuse, unauthorized access, disclosure, alteration or destruction. While Zencastr takes reasonable efforts to guard information, no security system is impenetrable.

Service Providers

Zencastr uses certain trusted third parties to provide certain services for our business purposes including website hosting, data analysis, processing payments for sales management, website management, Services hosting, security monitoring, email and marketing communications, marketing analytics, payment processing and technical support. These third parties will access your personal information only to provide the Services on our behalf.

Communications

We engage service providers to provide and deliver service and promotional messages through email, phone and SMS communications.

Service Communications. We may contact you with service-related information regarding out Services. For example, we may send you notifications of changes or updates to our Services, billing issues, or user access notices.

Promotional Communications. We may also notify you about new offerings, features or other opportunities that may be valuable to you as our customer or prospective customer. These notices may be provided to you through any of the contact methods available to us including phone, mobile, or email through the Services, or through our marketing campaigns on the Site and/or Services. Unsubscribe anytime using the instructions included in the promotional communications sent to you and/or using standard methods (like responding STOP to any text message).

For marketing purposes

We may use and disclose your information for marketing purposes in the following ways:

Matched Identifier Communications. Some third party services allow us to reach users with online marketing about our content or services by sending deidentified representations of contact information (typically, a long alphanumeric sequence of characters deidentified from an email address or phone number) to keep the original information from being revealed. The third party compares our deidentified representations with the deidentified representations in its own database and there will be a match only if you have used the same contact information with us and the third party. If there is a match, we can then choose whether or not to send Zencastr-related marketing to you on or through that third party service, and can optimize and better measure the effectiveness of such marketing.

Direct marketing

We only exchange information about you with third parties for their direct marketing purposes if you opt in, and will only do so until you opt out.

We may share information about you with third party sponsors or partners who will use it for marketing purposes, but only if you opt in to such sharing or do not opt out when prompted. We will never share information in this manner without giving you one of these two options.

Targeted ads

We share information with advertising partners to make the advertising presented to you more relevant to you. We also market the Services to you through ads facilitated by marketing vendors.

For example, we use Google to serve ads on the Services and we may market the Services to you on third party services through Google. Google uses cookies or unique device identifiers, in combination with their own data, to show you ads based on your visits to our webpages and to other sites. You can opt out of the use of the Google cookie by visiting the related Google privacy policy.

We try to limit how our third-party advertising technology vendors use information they collect from you. Most providers require us to enter contracts that allow them to optimize their ad services and products. Essentially, they combine any information they may gather about you through our Services with information they receive from their other clients. This helps them target ads to you on behalf of their other clients, not just us.

In the past twelve months, we have shared these categories of personal information with third parties to personalize advertising:

• Device Information (including Personal Identifiers)
• Commercial Information
• Internet Activity
• Geolocation

We retain your information only as long as we need it for the purposes described under Information we collect & how we use it, except when longer retention is required by our compliance policies and efforts toward applicable legal, tax, accounting and regulatory requirements.

How long we need information for those purposes varies by category, and even within categories. These retention determinations always consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from its unauthorized use or disclosure and whether we can achieve those purposes without using the personal information.

• For example, we delete some Usage Data as soon as you exit the Services, whereas we may retain records of your orders for services and products for several years as required by law or contract, such as agreements with our payment processors or under our accounting standards.

In General

As a user of the Services, you have rights and choices about your personal information. We want you to be in control of your information, so we want to remind you of the following options and tools available to you:

• Account controls: You can update the personal information in your Account through the account settings made available on the services. Any updated information will be reflected in our records and throughout the services promptly.
• Marketing opt-outs: you may opt-out of any marketing communications from us by following the unsubscribe instructions in the communication you receive. We may continue to send you communications regarding the Services, such as notices about administrative updates, transaction reports, and changes to the Services, this Policy or the Terms.
• Push notifications. You can choose to receive mobile or browser push notifications from our services. The services will send you push notifications from time to time in accordance with any notification preferences you have set on your device or browser. If you later decide you no longer want to receive these notifications, you can use your device or browser’s settings to turn them off.
• Exercising rights: If any of the local privacy laws listed below apply to you, see Requesting information to exercise your rights. These rights are provided only to human account holders, and are not available to employers or other legal entities, except as required by law.
• Disallowing Location Data Collection: When you access certain Services, like some of our apps, through a mobile device, you may consent to share your precise (GPS level) geolocation with us so we can customize your experience and the content you receive. You may change your location sharing settings at the browser or device level at any time.

Location of Personal Data

The Personal Data we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. Currently, we primarily use data centers in the United States. The storage location(s) are chosen to operate efficiently and improve performance. We take steps designed to ensure that Personal Data is processed and protected as described in this policy wherever the data is located.

Location of Processing European Personal Data. We transfer Personal Data from the European Economic Area (EEA), United Kingdom (UK), and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do so, we use legal mechanisms, including contracts, to help ensure your rights and protections.

The Services operate from the United States, but this Policy applies worldwide. Our practices generally do not differ based on your location, but your rights and choices depend in part on the law where you live.

If any of these local privacy laws apply to you, that section overrides any contrary descriptions elsewhere in the Policy as they relate to you. If you have questions about your rights under other data privacy laws, please contact us.

Submitting requests

To exercise any rights described in this Policy, please contact us or use our privacy request form (when available). Your request must:

• provide sufficient information to identify you and the law that applies to you, such as your name, e-mail address, home or work address, or other information we maintain.
• not include social security numbers, driver’s license numbers, third-party account numbers, credit or debit card numbers, or health information.

Verifying requests

We verify requests by attempting to match information in the request to information we maintain. We may require you to confirm your identity by authenticating via your account or other access method.

• If your request is unclear or we are unable to authenticate your identity, we may ask for more information, in accordance with the law that applies to you.
• If you are an authorized agent submitting a request on a user’s behalf (where permitted), we may require proof of the user’s written authorization before processing the request.
• If we cannot verify the identity of the data subject in the request, we may deny it, in full or in part.

Responses to requests

We will respond to your request as quickly as we can, taking into account the nature of your request and the volume of pending requests. The content of our response will vary with the nature of your request, but we will always respond in accordance with any deadlines or requirements specified by the laws that apply to you.

• At times, we may be unable to provide responsive personal information, such as when disclosure would create a substantial, articulable and unreasonable risk to the security of the information, user accounts, or the security of our systems or networks. We do not disclose account passwords or any other non-personal information that enables access to an account.
• We reserve the right to retain an archive of any deleted information, to the extent permitted by law. We may also retain deidentified or aggregate data derived from personal information.

Appealing decisions

Residents of jurisdictions that provide for an appeal mechanism may appeal a decision we have made regarding their requests by contacting us.

Exercising your rights: If you are a resident of California, Colorado, Connecticut, Utah, Virginia or another state with a similar data-privacy law, you may have additional rights that you or your authorized agent can exercise by contacting us, including the right to:

• Access and/or receive a copy of certain personal information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months
• Access and/or receive a copy of certain personal information we hold about you
• Correct your personal information
• Delete certain personal information we hold about you
• Receive information about the financial incentives that we offer to you, if any
• Opt-out of processing that uses AI to make decisions that carry legal or similarly significant effects, if applicable

You also have the right to not be discriminated against for exercising your rights. You may also have the right to opt out of “sales” of your information, “profiling” for certain purposes and “sharing/processing of your information for targeted advertising.”

If you live in Nevada, we do not sell your covered information, as defined by Section 1.6 of Chapter 603A of the Nevada Revised Statutes.

Certain information may be exempt from the requests above under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request.

If you have any questions about these rights, wish to exercise them, or request an appeal, see Requesting information or contact us.

In addition to the rights described above, consumers residing in California are afforded the right to certain additional information with respect to their personal information under laws like the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.

Our collection and use of personal information: Information we collect falls into these CCPA-defined categories of personal information:

• identifiers (such as your username and the identifiers you use to sign up, like your email address, social login and/or phone number);
• financial data (payment records);
• internet or other network information (how you interact with the services);
• location information (for example: as inferred from your IP address, or your precise location, if you grant us access to precise location data);
• inference data about you (for example, what content you may be interested in); and
• other information that identifies or can be reasonably associated with you.

For more information about what we collect and the sources of such collection, please see the “Information we collect & why we use it” section of the Privacy Policy. To the extent we collect or use sensitive personal information as defined by law (such as CCPA), we do so in accordance with applicable legal requirements, and we do not use or disclose it other than for purposes for which there is not a right to limit under CCPA.

Disclosure of personal information: We may disclose and share your personal information with service providers and third parties as described in the “Our disclosures of information to others” section of the Policy. We disclose the categories of personal information mentioned in that section for business or commercial purposes.

• ‍We disclose personal information for the following categories of purposes, as defined by CCPA:
  • Advertising and Marketing
  • Error Management
  • Internal Research
  • Provide Products or Services
  • Quality Assurance
  • Security
  • Short-Term Transient Use
• We retain personal information as described in the “How long we retain your information” section of the Policy.

California’s ‘Shine the Light’ law.

Under certain circumstances, Californians can request information about third parties who’ve received contact information and certain other types of personal information (as defined in the Shine the Light law), for their direct marketing purposes. We only share your personal information with third parties for their own direct marketing purposes with your consent and, if you have consented, only until you withdraw your consent. Consensual disclosures for direct marketing are generally exempt from Shine the Light’s disclosure requirement.

If you have any questions about these rights, wish to exercise them, or request an appeal, see Requesting information or contact us.

Overview: As described in the “How to control your privacy" section of the Policy, all our users have control over their information and can limit what data we process. In addition to these rights, users residing in the UK, European Union and Switzerland are afforded the right to certain additional information with respect to their personal information under the GDPR. If you reside in any of those jurisdictions, this section applies to you.

Data retention and destruction: We retain personal information until we determine it is no longer necessary for (1) the processing purposes justifying its collection or (2) legal compliance purposes.

Exercising your rights: All our users have control over their information and can directly edit or delete information from their account and limit what data we process. Users in the European Union and Switzerland have additional rights that you can exercise by contacting us. Those rights include:

• Right of access to your personal data
• Right to rectify your personal data if they are incorrect
• Right to erase your personal data
• Right to limit the processing of your personal data
• Right to the portability of your personal data
• Right to object to the processing of your personal data
• Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal.

If you have any questions about these rights, wish to exercise them, or request an appeal, see Requesting information or contact us. Additionally, you may contact Zencastr’s Privacy Officer by contacting us.

We comply with the Privacy Act 1988(Cth) including the Australian Privacy Principles. You may contact Zencastr with questions or to complain about any privacy issues by emailing CONTACT-EMAIL. If you believe that we have failed to resolve the privacy complaint satisfactorily you have the option of contacting the OAIC. Contact details of the OAIC may be found here.

Overview: As described in the “How to control your privacy" section of the Policy, all our users have control over their information and can limit what data we process. In addition to these rights, users residing in Brazil are afforded the right to certain additional information with respect to their personal information under the Lei Geral de Proteção de Dados (LGPD). If you are a Brazilian resident, this section applies to you.

Exercising your rights: All our users have control over their information and can directly edit or delete information from their account and limit what data we process. Users in Brazil have additional rights that you can exercise by contacting us. Those rights include:

• Right of access to your personal data
• Right to rectify your personal data if it is incorrect
• Right to erase your personal data
• Right to limit the processing of your personal data
• Right to the portability of your personal data
• Right to object to the processing of your personal data
• Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal
• Right to the review of decisions based on the processing of personal data carried out exclusively by automated means

Questions or concerns about your privacy? Contact us.

Overview: As described in the “How to control your privacy” section of the Policy, all our users have control over their information and can limit what data we process. In addition to these rights, users residing in Canada are afforded the right to certain additional information with respect to their personal information under the Personal Information and Electronic Documents Act (PIPEDA). If you are a Canadian resident, this section applies to you.

Exercising your rights: Users in Canada have additional rights that you can exercise by contacting us. Those rights include:

• Right of access to your personal data
• Right to rectify your personal data if they are incorrect
• Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal
• Right to file a complaint regarding the processing of your personal data with the Office of the Privacy Commissioner of Canada

If you have any questions about these rights, wish to exercise them, or request an appeal, see Requesting information or contact us. Additionally, you may contact Zencastr’s Privacy Officer by contacting us.

Overview: As described in the “How to control your privacy" section of the Policy, all our users have control over their information and can limit what data we process. In addition to these rights, users residing in the Republic of Korea are afforded the right to certain additional information with respect to their personal information under the Personal Information Protection Act. If you are a Republic of Korea resident, this section applies to you.

Data retention and destruction: We retain personal information until we determine it is no longer needed for the processing purposes for which we collected or retain it or for legal compliance.

Exercising your rights: All our users have control over their information and can directly edit or delete information from their account and limit what data we process. Users in the Republic of Korea have additional rights that you can exercise by contacting us. Those rights include:

• Right of access to your personal data
• Right to rectify your personal data if they are incorrect
• Right to erase your personal data
• Right to limit the processing of your personal data
• Right to the portability of your personal data
• Right to object to the processing of your personal data
• Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal.

If you have any questions about these rights, wish to exercise them, or request an appeal, see Requesting information or contact us. Additionally, you may contact Zencastr’s Privacy Officer by contacting us.