Last Updated December 31, 2021
Attn: Legal Department
2495 Main Street, Suite 422
Buffalo, New York 14214
Email: [email protected]
In this policy, “Zealot Interactive” refers to Zealot Interactive Inc. and its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (“Affiliates”). We may also refer to Zealot Interactive as “we” or “us” or “our”. Zealot Interactive’s products and services include a device used for displaying colors and effects on the necks of guitars (“Fret Zealot”), related applications for mobile devices, branded video and data content, and Zealot Interactive branded websites (collectively, the “Service”).
- The information we collect, how we do so and the purposes of our collection.
- How we use and with whom we share such information.
- How you can access and update such information.
- The choices you can make about how we collect, use, and share your information
- How we protect the information we store about you.
- Our International Operations and Data Transfers
- How to use the Service in connection with a third-party Social Networking Site (“SNS”).
When you interact with the Service, via any Zealot Interactive mobile application, at www.fretzealot.com, or any Zealot Interactive-owned website or web service, we may collect and store information from you directly as described below:
A. Personally Identifiable Information (PII) or Sensitive Information or Personal Data
You are not required to provide Personally Identifiable Information, defined as information relating to an identifiable natural person, in order to visit Zealot Interactive Products. You must, however, register and provide Personally Identifiable Information in order to access certain portions, utilize a subscription, or use some or all of the features of certain Zealot Interactive Products, receive Zealot Interactive communications, and to enter contests and other promotions.
Zealot Interactive may use content you provide us through emails, responses to polls, contests or sweepstakes or any other promotional activity. Please be advised that your submissions become the property of Zealot Interactive and may be used by Zealot Interactive for any lawful purpose, subject to applicable law. Zealot Interactive can edit, rewrite, use, and reuse the content of your submissions, including your name, likeness, photograph, and biographical information in any way and in any media whether now known or invented in the future, with or without attribution, including publication in online publications, trade media, and advertising. You agree that any content you send us will not violate any rights of any third-party and that you will only send us content for which you own the rights.
B. Information About You Received From a Social Network Service (SNS)
- Your first and last name
- Your profile picture or its URL
- Your user ID number, which is linked to publicly available information such as name and profile photo
- The user ID numbers and other public data for your friends
- The login e-mail you provided to the SNS when you registered
- Your gender
- Your age
C. Registration Information
We may allow you to “register” with us to create an account or profile within the Service, in order to use some or all of the features of certain products. In the registration process you may be required to provide the following information:
- Your age or birthday (for age screening and/or to better understand who our users are),
- Your first and last names
- Your e-mail address
- Service password
- Linked SNS Account
- Other information including mobile device IDs that helps us confirm that it is you accessing your account.
We may also offer you the option to complete a user profile that is visible to other Zealot Interactive users. Your user profile may include:
- A profile photo
- One or more usernames
- Biographic details that you provide
- Links to your profiles on various SNS
- An Zealot Interactive user ID number that is created by Zealot Interactive and used to identify your profile.
When given, your username and profile picture are considered “public” on Zealot Interactive websites and search engines may index this publicly available information. When we offer profiles, we may also offer functionality that allows you to opt-out of public indexing of your public profile information.
D. Information We Receive or Collect When You Use the Service on a Mobile Device
If you access the Service from your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address and IP Address. We may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to volunteer, such as user name, geo-location postal address or e-mail address. Please refer to sections below regarding other information we may collect from you when you use the Service.
E. Payment Information
If you make a purchase of a physical product or in connection with the Service, we will collect the billing and financial information necessary to process your charges and fulfill your order, which may include your postal and e-mail addresses. Zealot Interactive may also receive the billing and payment information that you provide when your purchase is processed by another party. All transactions occur over Transport Layer Security (TLS) encrypted connections. Zealot Interactive does not store payment information.
Please note that we may use a third-party payment processor to facilitate payments in the Services. If you make a purchase through a third-party application store, such as Apple App Store or Google Play Store, your purchase will be subject to such third party’s applicable payment policy.
F. Customer Support Correspondence
When you interact with or seek assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your activity on the Service, and your user ID number. We will also store the correspondence and any information contained within.
G. SMS Notifications, Push Notifications & Local Notifications
We may receive and store the information you voluntarily share, including your telephone number, if you sign up to have SMS notifications sent directly to your mobile phone. You can adjust the types of notifications you receive and when you receive them by editing your SMS notification settings.
With your consent we may send push notifications to your mobile device to provide service updates, news, and other relevant messages. You can manage push notifications from the “options” or “settings” page. You may also be able to manage them from your device’s settings page for the Service.
H. Technical and Usage Information
When you access our websites or the Service, we collect (i) certain technical information about your mobile device or computer system, including MAC Address, IP Address, subscription/purchase details, and mobile device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits, and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer may be linked to your user ID number(s). For more information on how we utilize cookies and other tracking technologies please review the “Cookies and Automated Information Collection” portion of “How We Collect Information About You”.
HOW WE COLLECT INFORMATION ABOUT YOU
We may collect information about you in any one or more of the following ways:
Information about Users
When you use the Service, Zealot Interactive may collect and store certain information that you provide directly or through a SNS. We may also collect information about your interaction with other users of the Service. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken on our websites.
The Service has the ability to store data. Each connection event from the Fret Zealot device and the accompanying data, such as screen views, app performance metrics, recent activity, in-app purchases, crash reports, and other data, will be stored on our servers and you will be able to access such data using the Service. We may also use such data and provide such data to third parties as discussed in the sections below. By accepting this agreement, you consent to our storage and use of such data.
You may be able to take part in certain activities on our websites or by using the Service that give you the opportunity to communicate or share information not just with Zealot Interactive, but also with other users of our Service.
We may record and store archives of these communications on our servers to protect the safety and well-being of our users and our rights and property in connection with the service. You acknowledge and consent to the recording and storage of such communications for these purposes.
Cookies and Automated Information Collection
When you access the Service, we collect certain technical information in order to (i) analyze the usage of our sites and services, (ii) identity validation and to provide a more personalized experience, and (iii) manage advertising. We and service providers acting on our behalf, such as Google Analytics, use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of activity on our websites, and other similar information. In some cases, we will associate this information with your user ID number for our internal use.
We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened, (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation, or delivering ads to you on other websites, and (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your in-Service preferences and speed up load times.
- Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our Services may not function properly.
- To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.
- To opt out of ads on Facebook, Pinterest, or Google that are targeted to your interests, use your Facebook, Pinterest, or Google Ads settings.
- Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.
The Zealot Interactive website does not respond to Do Not Track signals because we do not track our users over time and across third-party websites to provide targeted advertising.
HOW WE USE THE INFORMATION WE COLLECT
We collect, store and use your information to provide you with a safe, efficient, and customized experience. We will use your personal data for the following purposes on these legal bases:
- Based on your consent; or
- As required to for the performance of a contract between you and Zealot Interactive
Sale and Customer Service
- Create your user accounts and/or provision a subscription to your account.
- Provide technical support and respond to user inquiries.
- Prevent fraud or potentially illegal activities, and enforce our Terms of Service.
- Deliver and target direct advertising (not from 3rd parties). Zealot Interactive uses your contact information for its own marketing purposes, e.g. to update you on our latest products, promotional offers and events.
- Notify you of updates.
- Solicit feedback to improve Zealot Interactive products and services and customize your user experience.
- Inform you about new products or promotional offers.
- Provide you the Services and products you request,
- Authenticate transactions and verify and confirm payments in accordance with your subscriptions.
- Monitor that the use of the Services is acceptable and to prevent activity in the Services we determine to be misconduct, against our terms and conditions, or potentially illegal and take action against such use or otherwise exercise or defend our legal rights
- Send you service-related communications (for example confirmations, administrative messages, technical notices).
One important use of your information is communication. If you have provided your e-mail address to Zealot Interactive, we will use it to respond to (i) customer support inquiries and (ii) keep you informed of your activity within the Service. We may also send promotional e-mail messages and promotional SMS messages (“Promotional Communications”) directly or in partnership with parties other than Zealot Interactive. Each Promotional Communication will generally offer recipients choices about receiving additional messages. If you do not wish to be contacted for such marketing purposes and wish to opt out, please contact us.
For personal data subject to the GDPR, we rely on several legal bases to process the data. These include when you have given your consent, which you may withdraw at any time by communicating with us or by terminating your account; when the processing is necessary to perform a contract with you, such as the Terms of Service; and our legitimate business interests, such as improving, personalizing, and developing our services, or marketing new features or products that may be of interest.
OUR SHARING OF YOUR INFORMATION
Zealot Interactive uses Personal Information you share with us:
- based on your consent
- insofar as such processing is necessary for the performance of a contract between you and Zealot Interactive
- to fulfill your order and provide you with customer service.
Zealot Interactive does not sell, rent or loan any of your Personally Identifiable Information to any third party.
Zealot Interactive may use and share information with third-party data processors engaged by Zealot Interactive in the processing of your information received via the Zealot Interactive Service or Website. Zealot Interactive may also share your information with our subsidiaries and third-party suppliers, which may require sending your Personal Information to another country outside of the EU, where national laws may provide for a data protection level that is not equivalent to EU standards.
Third-Party Service Providers
We will provide your information to third-party companies to perform services on our behalf, including payment processing, product delivery, data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.
Advertising of Third-Party Products and Services
We do not actively share personal information with third-party advertisers for their direct marketing purposes unless you give us your consent.
Our cloud infrastructure will store information from the Fret Zealot device and the accompanying data, such as screen views, app performance metrics, recent activity, and other data. Data is stored and routinely backed-up as per Zealot Interactive internal security practices. Data at rest is warehoused with respect to sensitivity. User credentials used to access Zealot Interactive Services are not stored in plaintext, and may not be retrieved by any Administrator. We may use such data to provide statistics, charts and other data visualization within the Service. We may also provide such data to the media or third parties. Although we will not associate your name with such data, your identity may be determinable by the other data available.
We will retain your PII for only as long as you maintain an account or as otherwise necessary to provide you the applicable services, or to comply with our legal obligations. If you wish for us to cease use of your Personally Identifiable Information in any way, you may contact us at any time as set forth below.
Safety, Security and Compliance with Law
YOUR INFORMATION, INCLUDING LOCATION, AND THE CONTENTS OF ALL OF YOUR ONLINE COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, CHAT, TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) MAY BE ACCESSED AND MONITORED AS NECESSARY TO PROVIDE THE SERVICE AND MAY BE DISCLOSED: (I) WHEN WE HAVE A GOOD FAITH BELIEF THAT WE ARE REQUIRED TO DISCLOSE THE INFORMATION IN RESPONSE TO LEGAL PROCESS (FOR EXAMPLE, A COURT ORDER, SEARCH WARRANT OR SUBPOENA), (II) TO SATISFY ANY APPLICABLE LAWS OR REGULATIONS, (III) WHERE WE BELIEVE THAT THE SERVICE IS BEING USED IN THE COMMISSION OF A CRIME, INCLUDING TO REPORT SUCH CRIMINAL ACTIVITY OR TO EXCHANGE INFORMATION WITH OTHER COMPANIES AND ORGANIZATIONS FOR THE PURPOSES OF FRAUD PROTECTION AND CREDIT RISK REDUCTION, (IV) WHEN WE HAVE A GOOD FAITH BELIEF THAT THERE IS AN EMERGENCY THAT POSES A THREAT TO THE HEALTH AND/OR SAFETY OF YOU, ANOTHER PERSON OR THE PUBLIC GENERALLY, AND (V) IN ORDER TO PROTECT THE RIGHTS OR PROPERTY OF ZEALOT INTERACTIVE, INCLUDING TO ENFORCE OUR TERMS OF SERVICE.
Sale or Merger
If Zealot Interactive undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to our privacy practices will occur as a result of the business transition, we will notify you and other users of the business transition prior to transferring your personal information.
Recipients of Personal Information
Zealot Interactive reserves the right to use and share your information where such disclosure may be required by law.
Zealot Interactive may share information with third parties in the following situations:
- Service Providers. Zealot Interactive may share your Personally Identifiable Information with suppliers and service providers specifically involved in the processing of your information to provide, improve, and personalize services provided by Zealot Interactive
- Zealot Interactive may share your Personally Identifiable Information with our subsidiaries to provide, improve, and personalize services provided by Zealot Interactive, for marketing purposes, or advertising.
- Advertising and Marketing. With advertising and marketing partners for advertising and marketing purposes on Zealot Interactive’s behalf and on behalf of third parties. And with companies involved in interest-based advertising, including web, mobile app and other advertising for ads that are personalized and displayed on our sites and apps and through other channels, collectively to provide you with relevant promotional information.
- Legal Process. Zealot Interactive may share your Personally Identifiable Information with third parties in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws.
- Legal Claims. Zealot Interactive may share your Personally Identifiable Information with third parties in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
- Other situations. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
At any time, you may withdraw consent for sharing of PII as detailed above by uninstalling the mobile application (app), and terminating use of Zealot Interactive web resources. You may request deletion of any PII held by Zealot Interactive by contacting us as outlined at the start of this document.
OUR POLICIES CONCERNING CHILDREN
Our Service is not intended for children under the age of 13 and we do not knowingly collect any personally identifiable information from such children. Children under the age of 13 should not use our websites or the Service at any time. If we learn that we have inadvertently gathered personal information from children under the age of 13, we will take reasonable measures to promptly erase such information from our records.
HOW TO ACCESS AND UPDATE YOUR INFORMATION
If you no longer want Zealot Interactive to make active use of your information, you may send an e-mail to [email protected].
Place “Delete My Account” in the subject line and include your first name, last name, e-mail address and user ID number. We will respond to your request within 30 days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, we may not be able to delete it.
If you wish to review or change the information Zealot Interactive has about you, e-mail us at the address provided herein.
You may change your e-mail preferences at any time, by visiting your e-mail preference page.
You can turn off push notifications by visiting the “options” or “settings” page.
You can stop further use of your geo-location by visiting your device’s settings for the relevant application or the “settings” page for the relevant application.
YOUR SHARING AND MESSAGING OPTIONS
Sharing Data by SNS or SMS
When using the Service, you will have the opportunity to share data through one or more SNS or by SMS (text message). To avoid sharing this data, do not press the “Share” icon.
Opting out of Promotional Communications
You can choose to opt out of receiving additional promotional e-mails from Zealot Interactive by clicking on the “unsubscribe” link in any such e-mail, or visiting the e-mail preference page. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
Opting Out of Other Communications
You can opt out of receiving SMS messages by texting STOP to the number we send from for that particular SMS program. When we receive an opt-out message from you for SMS messages, we may send a message confirming our receipt of your opt-out.
When you install our apps on your mobile device you can choose to receive push notifications. You can turn off push notifications by visiting the “options” or “settings” page within the relevant app.
Note that if you opt-out of our Promotional Communications or other forms of communication, we may still e-mail or communicate with you from time to time if we need to provide you with information or if we need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.
PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS
Our websites may contain advertisements from companies other than Zealot Interactive that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
SECURITY OF YOUR INFORMATION
Zealot Interactive implements reasonable security measures to protect the security of your information both online and offline, and we are committed to the protection of customer information. Zealot Interactive actively limits third party access to Personally Identifiable Information collected through use of Zealot Interactive Service.
For user accounts registered with Zealot Interactive, profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify us of any unauthorized use of your account. If you forget the password to your Zealot Interactive account, the Service allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account or enter payment information (such as a credit card number when purchasing virtual currency), we encrypt the transmission of that information using secure transport layer technology (“TLS”).
While we take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. Zealot Interactive uses industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. In certain instances, the information passed between your browser and the Zealot Interactive system is encrypted with SSL technology to create a protected connection between you and this website to ensure confidentiality.
Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access. In the event that a breach into the Zealot Interactive security systems occurs and there is a possibility that an unauthorized person acquires your Personal Information, Zealot Interactive will notify you of such a breach under applicable law.
We may make P3P — compact machine-readable — policies and headers available. If we do so, we will try to ensure that they are consistent with this human readable policy. However, in the event of a conflict between a machine-readable policy and this policy, this (human readable) policy will control.
YOUR CALIFORNIA PRIVACY RIGHTS
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a promotion on one of our sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.
California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes
Please submit any requests for access to your personal data in writing to [email protected].
OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS
We operate internationally and transfer information to the United States and other countries for the purposes described in this policy.
Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create an account with an Zealot Interactive Service, irrespective of which country you live in. If you wish to withdraw your consent, you can delete your Zealot Interactive account yourself, or through the help of our support team.
If you live in the European Economic Area, United Kingdom, or Switzerland and if you are seeking to exercise any of your statutory rights with respect to GDPR or other local laws, please contact our Data Protection Officer at data[email protected]. You may also contact us at:
Attn: Legal Department
2495 Main Street, Suite 422
Buffalo, New York 14214