Last Modified: March 4, 2022
Zimbroom LLC, and its affiliates and subsidiaries (collectively, “Zimbroom”) provides website hosting services and creates, maintains, and makes accessible certain websites (each a “Seller Site”) for, and on behalf of, independent small business owners (“Sellers”) to offer their products, goods, and services (collectively “Products and Services”) for sale to end-users. This Privacy Notice describes how a Seller Site may process personal information, including the types of personal information that the Seller Site collects, the purposes for which such personal information is used, the types of third parties to whom the personal information is shared, and the rights and responsibilities you may have with respect to such personal information.
BY ACCESSING OR USING THE SELLER SITE OR OTHERWISE PROVIDING THE SELLER OR ZIMBROOM WITH PERSONAL INFORMATION, YOU ARE CONSENTING AND AGREEING TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY NOTICE AND ALL OTHER POLICIES REFERENCED OR INCORPORATED HEREIN.
1. Key Terms and Scope
1.1. For purposes of this Privacy Notice, the following terms shall apply. A “user” or “you” means any individual who accesses or otherwise uses a Seller Site. The term “personal information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual, household, or device and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal information” does not include anonymized or de-identified data that is not attributable to a particular individual, household, or device and is not otherwise subject to a data protection law, statute, or regulation.
1.2. For purposes of data protection laws, the Seller is considered a data “controller” with respect to each of its Seller Sites, and it determines the purposes and means of processing personal information thereon. Zimbroom hosts the Seller Site for, and on behalf of, the Seller, and therefore Zimbroom is considered a data “processor” in the context of processing your personal information with respect to each Seller Site.
2. Types and Categories of Personal Information
2.1. The type of personal information that a Seller Site collects is contingent on how each such Seller Site is configured and on its relationship with a particular user. Generally, a Seller Site may have the capability to collect the following types and categories of personal information:
Type & Category Description
Identity Data Name, address, e-mail address, telephone number, and similar identification data.
Registration Data Information provided when you register for an account to use a Seller Site, including usernames and passwords.
Business Contact Data Information related to employees, owners, directors, officers, or contractors of a third-party organization with whom the Seller may conduct, or possibly conduct, business activities.
Recruitment Data Information derived from employment applications submitted in connection with a job posting or inquiry.
Marketing Data Your marketing preferences and your subscriptions to the Seller’s publications or marketing materials.
Transactional and
Commercial Data Information related to your orders and purchases for the Seller’s Products and Services, and details of payments to and from you, including purchase history, appointment data, preferences, and (limited) payment card information.
Feedback Data The feedback, comments, suggestions, ideas, concepts, or any other materials posted on a Seller Site.
Online Identifiers (For more Persistent identifiers that can be used to recognize you or your device over time
information, see “Technical Data” below) and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.
Internet and Electronic
Network Data Data pertaining to your access or use of a Seller Site, including browsing history, search history, and information regarding your interaction with the Seller Site or advertisements embedded on the Seller Site or other third-party websites.
2.2. Required Data. When you do not provide personal information that the Seller requests, a Seller may not be able to provide you the requested service or complete a transaction, and you agree that the Seller will not be liable or otherwise responsible for any damages or loss arising from such circumstances.
2.3. Technical Data. When you access and use a Seller Site, it automatically collects details of your access to, and use of, the Seller Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Seller Site (e.g., browsing history, search history). It may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Seller Site may collect “diagnostic” data related to your use of the Seller Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.
2.4. Cookies. A Seller Site may deploy “cookies” and other tracking technologies. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Seller Site may become inaccessible or not function properly. In addition, a Seller Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Seller Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Seller Site may collect data about the advertisements you have seen or engaged. A Seller Site may, from time to time, employ Google Analytics, which uses cookies to enable an analysis of your use of the Seller Site. The information collected through this tool (e.g., IP address, browsing activities, referring website details, type of web browser and operating system, clicks on external links, interaction with a Seller Site’s specific widgets) is usually transferred to, and stored in, a Google server in the United States. To see how you can opt out of certain Google features and to better understand Google’s privacy practices, visit Google Analytics Opt Out Link.
3. How Your Personal Information Is Used. A Seller may use the personal information in order to provide its Products and Services, comply with its legal obligations, and promote its business interests, including to (i) provide, operate, maintain, improve, and promote its Products and Services, and the Seller Site, (ii) enable you to access and use its Products and Services, (iii) process and complete transactions, and send you related information, including purchase confirmations and invoices, (iv) send transactional messages (e.g., responses to your comments, questions, and requests) and provide customer service and support for its Products and Services, (v) furnish technical notices, updates, security alerts, and support and administrative messages to you, (vi) provide you promotional and marketing communications (e.g., information about its Products and Services, features, surveys, newsletters, offers, promotions, contests, and events), (vii) process and deliver contest or sweepstakes entries and rewards, (viii) monitor and analyze trends, usage, and activities in connection with its Products and Services, (ix) investigate and prevent fraudulent transactions, unauthorized access to or use of its Products and Services, and other illegal activities, and (x) personalize its Products and Services and the Seller Site, including providing features or advertisements that match your interests and preferences. Notwithstanding the foregoing, a Seller may collect and use your personal information for any other purpose for which it obtains your consent.
4. Sharing Information and Third-Party Disclosures
4.1. A Seller may share personal information with selected third parties in accordance with applicable law, and in order to facilitate the purpose for which such personal information was collected and to be used. Generally, a Seller shares personal information with third parties in the following circumstances:
· Intra-Group Sharing. A Seller may share your personal information with its affiliates, subsidiaries, and other entities within its corporate structure.
· Service Providers. A Seller may share your personal information with other companies with whom it has
contracted to provide services, such as conducting surveys, processing transactions, shipping products, facilitating marketing activities, performing analyses to improve the quality of its Products and Services, and to assist with recruitment and employment application processing. As noted above, each Seller has retained Zimbroom to host its Seller Site.
· Payment Card Transactions. From time to time, a Seller Site may offer you the ability to purchase and pay for Products and Services through the Seller Site, and such transactions are completed using a third party’s online payment system. For such online purchases, the Seller Site uses a tokenization process, and neither the Seller nor Zimbroom has access to your full credit card information. Any personal or financial information you provide to the online payment system is subject to the third-party vendor’s privacy terms, and you should review these privacy terms before providing any personal or financial information to the third party.
· Business Restructuring. Circumstances may arise where for strategic or other reasons, a Seller or Zimbroom decides to sell, buy, divest, merge or otherwise reorganize its business operations. In such circumstances, the Seller and/or Zimbroom may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of its assets.
· Disclosure for Other Reasons. A Seller may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend its rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, a Seller may share your personal information with any third party when it believes such disclosure is necessary to defend or protect its legal, regulatory, and business interests.
· Consent. In addition to the foregoing, a Seller may disclose your information to applicable third parties upon your express consent.
4.2. In the event that you facilitate a transaction with a Seller, or request information from, or otherwise engage with, a Seller, and such activities require Zimbroom or a Seller (in either party’s sole judgment) to share your personal information with a service provider or other third party, you hereby direct Zimbroom or the Seller, as applicable, to intentionally disclose your personal information to the service provider or third party as described herein.
5. Links to Third-Party Websites and Social Media
5.1. The Seller Site may include certain links to other third-party websites operated by organizations unaffiliated with the Seller. Each such third-party website has its own privacy policies and practices, which may be different from the policies and practices described herein; please read any such third-party privacy statement carefully. Additionally, to the extent that you follow a link to a third-party website, please be aware that neither the Seller nor Zimbroom exercises any authority or control over that third party and shall not be responsible for any activity undertaken by such a third party.
5.2. A Seller may engage with you on various social media platforms (e.g., Facebook, Twitter, Pinterest, Instagram). If you contact a Seller on a social media platform for customer support or for other reasons, the Seller may contact you using the same, or similar, messaging tools. Your use of a social media platform is also subject to the policies and terms of the relevant social media platform. Certain social media platforms may also automatically provide a Seller with your personal information, and such information varies based on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. A Seller Site may include social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs. These features may collect your IP address and which specific webpage you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are provided by third parties, and your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.
6. Data Retention and Localization. The time period in which a Seller retains your personal information varies depending on the purpose for the data processing. Please contact the Seller directly to identify its data retention timeframes. Each Seller is based in the United States, and its Products and Services are only intended for use by individuals in the United States. The personal information that a Seller Site collects and processes is retained and
stored in the United States. Please be aware that the United States may not provide the same level of data protection as the laws in your country.
7. Security. Zimbroom uses a variety of security measures to help protect the personal information you transmit to the Seller Site from unauthorized access, use or disclosure. Each Seller implements commercially reasonable security measures to protect personal information derived from its Seller Site. However, no information system or information security program can be fully secure, and Zimbroom and each applicable Seller cannot guarantee the absolute security of your personal information. Moreover, Zimbroom and each applicable Seller is not responsible for the security of information you transmit to the Seller Site over networks and systems that neither Zimbroom nor an applicable Seller controls, including the Internet and wireless networks, and you provide the Seller Site with any information and data at your own risk. To the extent permitted by law, neither Zimbroom nor a Seller shall be liable or otherwise responsible for any data incident that may compromise the confidentiality, integrity, or security of your personal information you provide the Seller Site as a result of a third party circumventing the security controls designed to protect and safeguard the Seller Site. The safety and security of your personal information also depends on you. If you have a username and password to access a Seller Site, you are responsible for maintaining the security and confidentiality of those credentials. You must contact Zimbroom immediately if you have reason to believe that the confidentiality, integrity, or availability of your username or password to the Seller Site has been compromised. For the avoidance of doubt, Zimbroom is not responsible for, and you shall not seek to hold Zimbroom liable for, any data processing activities or practices of a Seller that are not related to a Seller Site (e.g., in-person transactions) or that are in violation of this Privacy Notice. You acknowledge and agree that a Seller or Zimbroom may contact you via email or other electronic communications in the event it is legally required to notify you of a data security incident or event related to your personal information.
8. No Data Collected from Children. The Seller Site is not directed at, nor intended for use by, children. As a result, the Seller Site will not knowingly collect information from children under sixteen (16) years of age. If you are under the age of sixteen (16), you are hereby prohibited from using the Seller Site or providing it with your personal information.
9. YOUR OBLIGATIONS. YOU ARE PERMITTED, AND HEREBY AGREE, TO ONLY PROVIDE PERSONAL INFORMATION TO A SELLER SITE IF SUCH PERSONAL INFORMATION IS ACCURATE, RELIABLE, AND RELEVANT AND ONLY TO THE EXTENT SUCH DISCLOSURE WILL NOT VIOLATE ANY APPLICABLE DATA PROTECTION LAW, STATUTE, OR REGULATION OR INFRINGE UPON ANY INDIVIDUAL’S DATA PRIVACY RIGHTS OR PRIVILEGES. IF YOU PROVIDE A SELLER SITE WITH ANY PERSONAL INFORMATION ABOUT A THIRD PARTY, YOU EXPRESSLY REPRESENT THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO DISCLOSE THE PERSONAL INFORMATION. YOU ALSO AGREE TO FULLY REIMBURSE ZIMBROOM AND THE SELLER FOR ANY DAMAGES, LOSSES, OR EXPENSES THAT ARISE BASED ON YOUR VIOLATION OF YOUR WARRANTIES AND RESPONSIBILITIES SET FORTH IN THIS PRIVACY NOTICE. YOU MUST DIRECTLY AND TIMELY NOTIFY AN APPLICABLE SELLER OF ANY CHANGES OR UPDATES TO YOUR PERSONAL INFORMATION.
10. Email Marketing. From time to time, a Seller may send you email marketing, and you may have the right to opt out of receiving electronic direct marketing communications. The marketing that you receive may give you an “unsubscribe” option of not receiving such communications in the future. In other circumstances, you should contact the sender of the correspondence directly in order to opt out of receiving future messages.
11. Do Not Track. Some web browsers may transmit “Do Not Track” signals to a Seller Site. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether an individual intends for these signals to be transmitted, or whether they even are aware of them. The Seller Sites currently do not take action in response to these signals.
12. Persons with Disabilities. Please contact Zimbroom directly if you would like this Privacy Notice provided in an alternative format, and we will seek to meet your needs.
13. Enforcement and Business Interests. Notwithstanding any other provision herein, Zimbroom and each Seller may use and share your personal information to detect, prevent and respond to fraud, intellectual property infringement, violations of any applicable contractual agreement (e.g., terms of service, terms of sale), violations of
law or other misuse of the Seller Site. In addition, and notwithstanding any other provision herein, each Seller and Zimbroom may use and share personal information to (i) administer and protect any and all Seller Sites, including system maintenance, support, reporting and hosting of data, (ii) protect the health and safety of their employees, contractors, customers, and others in the community, and (iii) promote, defend or protect their legal, regulatory, or business interests, including enforcing contracts and other agreements.
14. Publicly Posted Information; Product Reviews. A Seller Site may provide you with the ability to submit a comment on, provide an opinion about, rate, or otherwise discuss a Seller’s Products and Services (a “Product Review”) or provide other information on their operations (“Feedback”). Any information or content you post in a Product Review or in your Feedback will be publicly available, may be retrievable by third-party search engines, and third parties may also be able to download or share your Product Review and Feedback to social media websites or elsewhere. You should have no expectation of privacy with respect to any Product Review or Feedback. We recommend that you guard your privacy and anonymity and not upload any information in a Product Review or Feedback that you wish to remain confidential.
15. CHANGES TO THIS PRIVACY NOTICE. ZIMBROOM RESERVES THE RIGHT TO CHANGE OR UPDATE THIS PRIVACY NOTICE AT ANY TIME, AND PLEASE SEE THE “LAST MODIFIED” DATE ABOVE TO DETERMINE WHETHER THERE HAVE BEEN CHANGES MADE TO THIS PRIVACY NOTICE SINCE THE LAST TIME YOU VISITED THE SELLER SITE.
16. Contact Us. You may direct any questions or concerns related to a Seller Site, or data processing therein, directly to the Seller via any contact information set forth by the applicable Seller on its Seller Site. You may contact Zimbroom with regard to any questions or concerns about the Seller Site, including any data processing therein, at privacy@zimbroom.com.