Zaius, Inc. (“Zaius”) offers a marketing and analytics platform that enables our clients to better understand their current and prospective customers. In this Privacy Policy (the “Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our websites www.zaius.com and any related websites, as well as the services available through our websites (collectively, the “Site”).
This Privacy Policy also describes the information we collect from visitors to the websites and mobile applications (the “Digital Properties”) of our Zaius’ clients (our “Clients”) who subscribe to and use the analytics services available through the Zaius Platform (the “Analytics Services”).

  • Information We Collect
  • How We Use the Information we collect
  • How We Disclose the Information we collect
  • Our Use of Cookies and Other Tracking Mechanisms
  • Third Party Analytics and Tracking
  • User Generated Content
  • Third-Party Links
  • Security
  • Marketing Communications
  • Children Under 13
  • Contact Us
  • Changes to this Policy

INFORMATION WE COLLECT

We collect information via the Site from our Clients and users of our Site, and we also receive information collected from Client Digital Properties as part of our Analytics Services.

OUR CUSTOMERS AND SITE USERS

Information We Collect Directly From You. We collect information directly from you when you request information from us, when you register with us, and for our registered customers, when you log into your account. The information that we collect may include your name, contact information and billing information any other information you provide to us.

Information We Collect Automatically on our Site. We automatically collect certain information about your use of our Site through cookies, web beacons, and other technologies (including the Analytics Services), including (but not limited to): your IP address and location information, website URL, referring URL, pages viewed (including page address, name and title, data and time of access, and length of time spent on each page), activities on each page (including links clicked and search terms entered), operating system, browser type, User Agent header information, web page performance information, campaign information, java version, flash version, resolution and screen information, and language information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information. You should know that we use our Analytics Services on our Site in order to obtain some of this information.

Information We Collect From Social Networking Sites. If you choose to “Like” us, subscribe to our twitter feed, or connect with us on LinkedIn, we may receive information from those third party sites. For example, when you “Like” us through Facebook, we receive your Facebook user ID and the pages you were visiting when you chose to “Like” us; we may also collect any profile information that you share with everyone. To review and manage the privacy settings for your social networking accounts, you should refer to the privacy settings for the social network.

USERS OF OUR CUSTOMERS’ WEBSITES

Zaius’ clients and customers (“Clients”) may use our Analytics Services, which includes certain code, software, cookies and other tracking mechanisms, and services to obtain information regarding the activities that users engage in while visiting their websites (“Client Analytics Data”). When a user visits a website that uses our Analytics Service, code contained on the website contacts our servers and enables Zaius to collect Client Analytics Data. Some Clients may also use their own code to obtain analytics data about users of their Digital Properties, and then send such information to our servers. Client data is stored on Zaius’ web servers and databases for use in performing analysis and producing reports for Clients, and for other purposes explained in this Policy.

Our Analytics Services are used to collect and analyze behavioral, usage and activity information about the use of our Clients’ Digital Properties. The Analytics Services will collect certain non-personally identifiable analytics data, including (but not limited to) IP address and location information, website URL, referring URL, pages viewed (including page address, name and title, data and time of access, and length of time spent on each page), activities on each page (including links clicked and search terms entered), operating system, browser type, User Agent header information, web page performance information, campaign information, java version, flash version, resolution and screen information, and language information. Zaius Clients can also use the Analytics Services to collect additional Client Analytics Data, (including personally identifiable data such as email addresses, postal addresses and telephone numbers). The collection and use of Client Analytics Data by or on behalf of a Client, is subject to the Client’s Privacy Policy.

HOW WE USE THE INFORMATION WE COLLECT

We use the information that we collect for the following purposes:

  • To provide the services, including the Analytics Services.
  • To process payments and for invoicing and billing purposes.
  • To communicate with Clients and users of our Site and services, and for other customer service purposes.
  • For marketing and promotional purposes. For example, we may send our Clients news and newsletters, special offers, and promotions, or otherwise contact our Clients about products or information we think may be of interest. We also may use the information that we learn to assist us in advertising the Analytics Services and our other services on third party websites.
  • To better understand how users access and use our Site and Analytics Services, in order to improve our Site and Analytics Services and respond to user desires and preferences, and for other research and analytical purposes.
  • To compile aggregate data derived from our Analytics Services (including the Client Analytics Data of multiple Clients) to compile statistics, metrics, insights and general trend data about Zaius, Site activity and analytics data (on an aggregate and individual basis) and the use of the Analytics Services for, among other things, Zaius’ internal use, research, marketing and promotional purposes, and as part of our other analytics services.
  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy and to protect or defend the rights of Zaius.
  • If you “like” us on Facebook, we will post updates in your newsfeed

HOW WE DISCLOSE THE INFORMATION WE COLLECT

We do not share the information we collect or receive with third parties for their own marketing purposes. We may disclose the information that we collect as follows:

  • Service Providers. We may disclose the information we collect to third party vendors, service providers, contractors or agents who perform functions on our behalf and are not permitted to use such data except on behalf of Zaius.
  • Clients. A Client is able to access and review the information collected or received by us in connection with that Clients’ use of the Analytics Services.
  • Visitors to Our Site. Your user name and any information that you post to our Site, including, without limitation, reviews, comments, and text may be available to, and searchable by, other visitors to our Site.
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected to the other company.
  • In Response to Legal Process. We also may disclose the information we collect in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect where we believe it is necessary to protect or defend the rights of Zaius, investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield or Swiss-EU Privacy Shield, Zaius is potentially liable.

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We use cookies and other tracking mechanisms, such as standard server logs, and clear GIFs (also known as “Web beacons”), to track information about your use of our Site or services, and as part of the Analytics Services. We may combine this information with other personally identifiable information we have collected or received about you. Cookies are alphanumeric identifiers that are transferred to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, others are used to enable a faster log-in process or to allow us to track your activities at our Site as well as to collect Client Analytics Data.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether. Disabling cookies may affect the functionality of the websites and online services you use.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We, and our third party service providers, also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

THIRD PARTY ANALYTICS AND TRACKING

In addition to our own Analytics Services, we may use automated devices and applications to evaluate usage of our Site. As part of this, we may allow third party cookies to be placed on your computer from our Site so that these third parties may provide us with analytics and related services. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. These third parties may combine the information they collect about you on our Site with information they have collected on other websites; such collection and use is subject to their privacy policy, not this one.

USER GENERATED CONTENT

We invite registered users to post content on our Site, including your comments, pictures, and any other information that you would like to be available on our Site. If you post content to our Site, all of the information that you post will be available to our registered customers. If you post your own content on our Site or services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

THIRD-PARTY LINKS

Our Site and services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

ACCESS

If you’d like us to provide access to, update, correct, or delete any personally identifiable information that you have provided on the Site or that we may have in connection with the Analytics Services, please send your request to support@zaius.com, and the company will process your request within a reasonable period of time after receipt.

DATA RETENTION

We store personally identifiable information such as email address or billing details received from our Clients so long as they continue to have a business relationship with Zaius. You may ask us to delete that information by following the instructions above. As an agent (i.e., data processor) of our Clients, store information collected via our Analytics Services for a reasonable time as directed by our Clients.

DATA INTEGRITY, PURPOSE LIMITATION

We process information in a way that is compatible with and relevant for the purpose for which it was collected as described above. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.

SECURITY

We have implemented reasonable security precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

MARKETING COMMUNICATIONS

We may send periodic promotional emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails related to your account or any services you have requested or received from us.

CHILDREN

Our Site is not designed for users under 18 and our Analytics Services may only be used by Clients over 18 years of age. Further, our Analytics Services may not be used to collect personal information from children under 13 years of age or on Digital Properties that are directed to children under 13 years of age; if we discover that we have collected personal information from children under 13, we will take steps to securely delete such information.

CONTACT US

If you have questions about the privacy aspects of our Site or Analytics Services or would like to make a complaint, please contact us at support@zaius.com.

RECOURSE, PRIVACY COMPLAINTS BY EU AND SWISS RESIDENTS

Zaius complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Zaius has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. Zaius is subject to the investigatory and enforcement powers of the FTC with respect to our adherence to Privacy Shield. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Zaius commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Zaius via email at: support@zaius.com.

Zaius has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personally identifiable information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.

EFFECTIVE DATE: August 1, 2013; Updated: October 15, 2017.