A. PRIVACY POLICY B. TERMS OF SERVICES -------------------------------------------------------------------------------- A. PRIVACY POLICY Updated October 28, 2022 This notice describes the Privacy Policy of ZenCollect Inc. and its affiliate entities ("ZenCollect", "ZenCollect", "we", "us", or "our"). Here we describe how we collect, use and handle your information when you use our websites, software and services ("Services"). If you're using our Services for an organization, you're agreeing to this Privacy Policy on behalf of that organization. If you're using our Services to provide services, software and content for some else, you're agreeing to this Privacy Policy on their behalf. IF YOU OR THE ORGANIZATION YOU REPRESENT DON'T AGREE TO BE BOUND TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR SERVICES. What and why we collect We collect and use the following information to provide, improve and protect our Services: Account Data: When registering to use our Services, ZenCollect requires you to provide your personal contact information, such as name, company name, address, phone number, and email address ("Contact Information"). When purchasing our Services, ZenCollect may require you to provide financial qualification and billing information, such as billing name and address, credit card number, and the number of employees that will be using the product or services ("Billing Information"). ZenCollect may also ask you to provide additional information, such as company annual revenues, number of employees, or industry ("Optional Information"). Contact Information, Billing Information, and Optional Information about customers are referred to collectively as "Account Data" We use Account Data to perform the Services requested. We do not store your credit card data. Your Content: When you use our Services, you provide us with things like your data, reports, messages, contacts, images and so on ("Your Content"). Our Services are designed to make it simple for you to collect and manage Your Content, share with others, and work across multiple devices. To make that possible, we store, process, and transmit Your Content, as well as information related to it. This related information can be things like your Contact Information that makes it easier to collaborate and share Your Content with others. Usage: We collect information related to how you use the Services, including actions you take in your account. This is used to conduct research and development for the further development of our Services in order to provide you a more intuitive experience, and also to provide you support. Device Information: We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services. This helps us improve our Services and provide you support. Cookies and other technologies: We use technologies like cookies and web beacons to provide, improve, and protect our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services. With whom do we share We may share information as discussed below, but we will never sell it to advertisers or other third parties. Others working for ZenCollect: ZenCollect uses certain trusted third parties (for example, providers of IT services) to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy. We use Stripe and Intuit to process payments. Analytics: We use analytics partners, including Fathom, Google Analytics for Firebase, and Sentry to analyze some of the Usage information we collect. If you do not consent to our analytics partners having access to your information, please let us know at support@cyberzen.ec. Other applications: You can also give third parties access to your information - for example, via our APIs or by connecting integrations. Just remember that their use of your information will be governed by their privacy policies and terms. Legal Compliance and Protection: We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ZenCollect or our users; or (d) protect ZenCollect's property rights. How do we protect your information ZenCollect acknowledges your trust and is committed to protecting the information you provide to us. To prevent unauthorized access, maintain accuracy, and ensure proper use of information, we have employed physical, technical, and administrative processes to safeguard and secure the information we collect. We have also employed physical, technical, and administrative processes to detect and investigate information breaches. In the unfortunate event of a breach, we will inform all affected accounts as soon as practicable upon discovery of such a breach, consistent with any applicable legal obligations and the needs of law enforcement. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at support@cyberzen.ec. Please be aware that certain Personal Information and other information provided by you in connection with your use of the Services may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access. Where is the information stored, processed and transmitted To provide you with the Services, we may store, process and transmit information in the United States and locations around the world - including those outside your country. Information may also be stored locally on the devices you use to access the Services. Your Right to Control and Access to your personal information You have control over your personal information and how it is collected, used, and shared. You have the rights to: Know more about our privacy practices. Object to our privacy practices or provide feedback. Rectify your personal information. Ask us to rectify your personal information. Ask for your personal information -- free of charge. Ask us to erase your personal information. Please send your request at support@cyberzen.ec. We will respond within 30 days of receipt of your request. Digital and Parental Consent Any Personal Information You collect, including Personal Information of Your Delegates (as defined in the Terms of Service), must comply with the requirements of digital consent as per applicable law, including obtaining parental consent where legally required. If we learn that we have inadvertently collected Personal Information without verifiable parental consent (where legally required), we will take the appropriate steps to delete such information. To make such a request, or if there are any questions or concerns about the Privacy Policy for the Service or its implementation, please contact us at support@cyberzen.ec. California Online Privacy Protection Act Notice On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require website operators like us to disclose how we respond to "Do Not Track Signals"; and whether third parties collect personally identifiable information about users when they visit us. (1) We do not respond to "do not track" signals. (2) We do not collect personally identifiable information for third party use through advertising technologies. California Civil Code Section 1798.83 also permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to support@cyberzen.ec. Please note that we are only required to respond to one request per customer each year. Change Management If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event. We may revise this Privacy Policy from time to time, and will post the most current version on our website. If a revision meaningfully reduces your rights and/or requires your explicit acceptance, we will notify you via email or via in-product user experience. Contact ZenCollect commits to resolve complaints about our collection or use of your personal information. Individuals with inquiries or complaints regarding this Privacy Policy should contact ZenCollect at support@cyberzen.ec. -------------------------------------------------------------------------------- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ -------------------------------------------------------------------------------- B. TERMS OF SERVICES Updated January 01, 2021 The following terms and conditions govern all use of the cyberzen.ec website and all content, services and products available at or through the website, including, but not limited to, ZenCollect app, ZenCollect Forums, cyberzen.ec Support Forums and the cyberzen.ec Hosting service ("Hosting"), (taken together, the Website). The Website is owned and operated by Cyberzen. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, cyberzen.ec’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by Cyberzen (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cyberzen, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. 1. Your Cyberzen Account If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Cyberzen of any unauthorized uses of your account or any other breaches of security. Cyberzen will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 2. Responsibility of Contributors If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; your content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Cyberzen or otherwise. 3. User Content License User contributions are licensed under a Creative Commons Attribution 4.0 International License. Without limiting any of those representations or warranties, Cyberzen has the right (though not the obligation) to, in Cyberzen’s sole discretion (i) refuse or remove any content that, in Cyberzen’s reasonable opinion, violates any Cyberzen policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cyberzen’s sole discretion. Cyberzen will have no obligation to provide a refund of any amounts previously paid. 4. Payment and Renewal General Terms Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Cyberzen the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable. Automatic Renewal Unless you notify Cyberzen before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time. 5. Services Hosting, Support Services Optional Hosting and Support services may be provided by Cyberzen under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions. 6. Responsibility of Website Visitors Cyberzen has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cyberzen does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cyberzen disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. 7. Content Posted on Other Websites We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cyberzen.ec links, and that link to cyberzen.ec. Cyberzen does not have any control over those non-cyberzen.ec websites and webpages, and is not responsible for their contents or their use. By linking to a non-cyberzen.ec website or webpage, Cyberzen does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cyberzen disclaims any responsibility for any harm resulting from your use of non-cyberzen.ec websites and webpages. 8. Copyright Infringement and DMCA Policy As Cyberzen asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cyberzen.ec violates your copyright, and if this website resides in the USA, you are encouraged to notify Cyberzen in accordance with Cyberzen’s Digital Millennium Copyright Act ("DMCA") Policy. Cyberzen will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cyberzen will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cyberzen or others. In the case of such termination, Cyberzen will have no obligation to provide a refund of any amounts previously paid to Cyberzen. 9. Intellectual Property This Agreement does not transfer from Cyberzen to you any Cyberzen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cyberzen. Cyberzen, cyberzen.ec, the cyberzen.ec logo, and all other trademarks, service marks, graphics and logos used in connection with cyberzen.ec, or the Website are trademarks or registered trademarks of Cyberzen or Cyberzen’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cyberzen or third-party trademarks. 10. Advertisements Cyberzen reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account. 11. Attribution Cyberzen reserves the right to display attribution links such as ‘Powered by cyberzen.ec,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the cyberzen.ec toolbar may not be removed regardless of upgrades purchased. 12. Changes Cyberzen reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cyberzen may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 13. Termination Cyberzen may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cyberzen.ec account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 14. Disclaimer of Warranties The Website is provided "as is". Cyberzen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cyberzen nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. 15. Limitation of Liability In no event will Cyberzen, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cyberzen under this agreement during the twelve (12) month period prior to the cause of action. Cyberzen shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 16. General Representation and Warranty You represent and warrant that (i) your use of the Website will be in strict accordance with the Cyberzen Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. 17. Indemnification You agree to indemnify and hold harmless Cyberzen, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. This document is CC-BY-SA. It was last updated May 31, 2013.