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Terms Of Service and Privacy Policy

ZappyLab

PRIVACY POLICY

Effective Date: August 15, 2012.

Overview

You should read this entire Privacy Policy, but here are some high points detailed below:

Introduction

Welcome! You have arrived at a site or application that is owned and/or operated by ZappyLab, Inc. (“Company” or “we,” “our” or “us”). This “Privacy Policy” governs your use of our sites and apps that post a link to this Privacy Policy (including, without limitation, both mobile and online versions of our sites), and also applies to your use of interactive features, widgets, applications, content or downloads that: (i) we own or control; (ii) we make available through such sites; or (iii) interact with such sites and post this Privacy Policy (collectively, the “Sites/Apps”) regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. Our statements under this Privacy Policy only cover information collected at the Sites/Apps directly by us, and not by third parties that may interact with our Sites/Apps.

This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Sites/Apps (unless otherwise stated below). To the extent we provide you notice on our Sites/Apps of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

In addition, please review the Sites/Apps’ Terms of Service, which governs your use of the Sites/Apps. By using our Sites/Apps, you consent to our Privacy Policy and Terms of Service and our collection, use and sharing of your information and data, and other activities, as described below.

Table of Contents

It is important that you read and understand the entire Privacy Policy before using the Sites/Apps. However, this table of contents further highlights key issues and points and you can click on the headings to be taken to the full explanation.
  1. What Information Do The Sites/Apps Collect?
    a. Information You Provide To Us
    You may give us Personal Information and Demographic Information, such as when you register or contact us. More
    b. Information We Collect As You Access And Use The Sites/Apps
    Tracking Technologies collect Usage Information based on your Device Identifier. More
    c. Information Third Parties Provide About You
    We may obtain information about you from third parties. More
    d. Information You Provide About a Third Party
    You may give us information about others, such as when you send a friend a message. More
  2. How Do We Use The Information Collected?
    We use your Personal Information, Demographic Information and Usage Information for a variety of purposes. More
  3. How and When Do We Disclose Information To Third Parties?
    We provide your information under various circumstances. More. These include:
    a. When You Agree To Receive Information From Third Parties
    b. Third Parties Providing Services on Our Behalf
    c. Administrative and Legal Reasons
    d. Business Transfer
  4. Do Third Party Content And Links To Third Party Sites Appear on The Sites/Apps?
    We are not responsible for your interaction with third party content or locations. More
  5. Are There Third Party Ads Served On The Sites/Apps?
    We and third parties may send you targeted ads based on your location and behavior. If you object, stop using or uninstall our Sites/Apps or exercise choices some third parties may offer. More
  6. How Do I Change My Information And Communications Preferences?
    You may change certain account information and preferences. More
  7. What About Transfer of Information To The United States?
    Data may be transferred to the United States. More
  8. What Should Parents Know About Children?
    We do not intend to collect Personal Information from children. If you think we have, let us know. More
  9. What About Security?
    No data security is absolute, but we take reasonable steps to secure data appropriately. More
  10. What About Changes To The Privacy Policy?
    We may change this Privacy Policy as explained here.

The Full Detailed Privacy Policy

1. What Information Do The Sites /Apps Collect?

a. Information You Provide To Us

Personal Information and Demographic Information. On the Sites/Apps, we may ask you to provide us with certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name and e-mail address (“Personal Information”); and (2) demographic information, such as information about your area of scientific interest, education level, and occupation (“Demographic Information”). We may collect this information through various forms and in various places on the Sites/Apps, including account registration forms, contact us forms, or when you otherwise interact with the Sites/Apps. If we combine Demographic Information with the Personal Information we collect directly from you on the Sites/Apps, we will treat the combined data as Personal Information under this Privacy Policy.

b. Information We Collect or Store As You Access And Use The Sites/Apps

In addition to any Personal Information or other information that you choose to submit to us via our Sites/Apps, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Sites/Apps (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, laptop, tablet or mobile phone (a “Device”) whenever you visit or interact with our Sites/Apps. Usage Information may be non identifying or may be associated with you. Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information.

This Usage Information may include:

  • our IP address or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Sites/Apps, and our computers identify your Device by its Device Identifier;
  • your Device functionality (including browser, operating system, hardware, mobile network information);
  • the URL that referred you to our Sites/Apps;
  • the areas within our Sites/Apps that you visit and your activities there, including remembering you and your preferences;
  • your Device location;
  • your Device characteristics; and
  • certain other Device data, including the time of day, among other information.

We may use various developed methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the Sites/Apps. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Sites/Apps may not function properly, and that when you revisit our Sites/Apps your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Sites/Apps’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites/Apps, to monitor how users navigate the Sites/Apps, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites/Apps, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites/Apps, and is deactivated or deleted thereafter.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and HTML5 cookies.

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Sites/Apps, including cookies required to prevent fraudulent activity, improve security or allow you to make use of shopping cart functionality.

Performance Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Sites/Apps, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Sites/Apps.

Functionality Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Sites/Apps, including identifying you when you sign in to our Sites/Apps or keeping track of our specified preferences, including in terms of the presentation of content on our Sites/Apps.

Advertising Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Sites/Apps and third party sites based on how you interact with our advertisements or content. This includes using Tracking Technologies to understand the usefulness to you of the advertisements that have been delivered to you. Further information on this is found in Section 5 below.

There may be other Tracking Technologies now and later devised and used by us in connection with the Sites/Apps. Further, third parties may use Tracking Technologies with our Sites/Apps. We may not control those Tracking Technologies and in such event, we are not responsible for them. However, you consent to potentially encountering third party Tracking Technologies in connection with use of our Sites/Apps and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. For more information on advertising and advertisers, and related Tracking Technologies, click here.

c. Information Third Parties Provide About You

We may, from time to time, supplement the information we collect directly from you on our Sites/Apps with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with Personal Information we collect on the Sites/Apps, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our promises under this Privacy Policy apply to information we receive about you from third parties.

d. Information You Provide About a Third Party

You may send someone else a communication from the Sites/Apps, such as sending an invitation to a friend. If so, the information you provide (names, e-mail addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Sites/Apps, your e-mail address, mobile number, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third party tools subject to 3rd party privacy policies.

2. How Do We Use The Information Collected?

We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy Policy: (1) to provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Sites/Apps’ features such providing you with recommendations for materials we think you might be interested in reading; (3) to process your registration with the Sites/Apps, including verifying your information is active and valid; (4) to improve the Sites/Apps or our services, to customize your experience on the Sites/Apps, or to serve you specific content that is relevant to you; (5) to contact you with regard to your use of the Sites/Apps and, in our discretion, changes to the Sites/Apps and/or Sites/Apps’ policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Please note that information submitted to the Sites/Apps via a “contact us” or other similar function may not receive a response and we will not use that information so provided to contact you for marketing purposes unrelated to your inquiry unless you agree otherwise.

3. How and When Do We Disclose Information to Third Parties?

We may share Personal Information, such as aggregated user statistics, with third parties. We may share your Device Identifiers with third parties along with data related to you and your activities. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

a. When You Agree To Receive Information From Third Parties

You may be presented with an option on our Sites/Apps to receive certain information and/or marketing offers directly from third parties. If you choose to do so, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the third party privacy policies and practices of such third parties. We are not responsible for such third party privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communications from one of these third parties, you will need to contact that third party directly.

b. Third Parties Providing Services on Our Behalf

We may use third party vendors to perform certain services on behalf of us or the Sites/Apps, such as hosting the Sites/Apps, designing and/or operating the Sites/Apps’ features, tracking the Sites/Apps’ activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third party analytics service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them.

c. Administrative and Legal Reasons

We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Sites/Apps’ Terms of Service or other policies applicable to the Sites/Apps, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Sites/Apps or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

d. Business Transfer

We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Sites/Apps or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

4. Do Third Party Content And Links To Third Party Sites Appear on The Sites/Apps?

The Sites/Apps may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Sites/Apps are served to you. In addition, when you are on the Sites/Apps you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites. For example, if you “click” on a link, the “click” may take you off the Sites/Apps onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave our Sites/Apps and to review the third party privacy policies of all third party locations and exercise caution in connection with them.

5. Are There Third Party Ads Served On The Sites/Apps?

The Sites/Apps may use third parties such as network advertisers to serve advertisements on the Sites/Apps and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of the Sites/Apps and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your visits to the Sites/Apps and other apps and sites you have visited. Third party ad serving enables us to target advertisements to you for products and services in which you might be interested.

The Sites/Apps’ third party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies (including Flash cookies), web beacons and other Tracking Technologies on your Device and track certain behavioral Usage Information regarding users of your Device via a Device Identifier. These third party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.

Third party Tracking Technologies are not controlled by us, even if they use our technology to help store or collect data. This Privacy Policy does not apply to the methods for collecting information used by these third party advertisers and others or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with the information on their practices and any available opportunity to exercise choice. The relevant third party’s Terms of Service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party advertisers or advertising networks.

While we may use a variety of companies to serve advertisements on the Sites/Apps, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be able to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s web site accessible by the above link. You may also opt-out of receiving third party behavioral ads on this site by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/#completed. Similar limitations may apply to the DAA opt-out.

6. How Do I Change My Information And Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Sites/Apps may allow you to review, correct or update Personal Information you have provided through the Sites/Apps’ registration forms or otherwise, and you may provide registration updates and changes by contacting us at: info@zappylab.com. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. With respect to our mobile applications (i.e., when we are the application publisher), you can prospectively stop all collection of information by the application by uninstalling the application. You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the appropriate application or app marketplace. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Sites/Apps, information that you remove may persist internally for Company’s administrative purposes. You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Sites/Apps, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about: your Privacy Policy or practices described in it, you should contact us by e-mail: info@zappylab.com.

7. What About Consent To Transfer Information To The United States?

Our Sites/Apps are operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Sites/Apps or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

8. What Should Parents Know About Children?

The Sites/Apps are general audience web sites and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us at info@zappylab.com.

9. What About Security?

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Sites/Apps and provide us with your information at your own risk.

10. What About Changes To The Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, we will not use your Personal Information in a manner materially different than promised at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.