Privacy Policy (November 11, 2020) - Zesty
Privacy Policy
Last Update: 11/11/2020
This privacy policy ( “Privacy Policy”) governs how we, Zesty Ltd. ( “Zesty”, “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you ( “User” or “you”) such as in the following use cases:
(i) When you browse or visit our website, https://zesty.co/ ( “Website”);
(ii) When you make use of, or interact with, our Website
- When you request a demo
- When you create an account, sign up or click on “Start for free”
- When you sign in or click on “Go to Dashboard”
- When you subscribe to the email list/newsletters/blog
- When you contact us (e.g. customer support, send us an email or chat with us)
(iii) When you make use of or interact with the platform.
- When you create an account, log in
(iv) When you attend a marketing event and provide Personal Data
(v) When you exchange business cards with us
(vi) When we use the Personal Data of our service providers
(vii) When we use the Personal Data of our customers
(viii) When you interact with us on our, or our staff’s, social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn, etc)
We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.
This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.
WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
| Data We Collect | Why is the data collected and for what purposes? | Legal basis | Third Parties with whom we Share your Data | Period of Storage | Consequences of not providing the data |
|---|---|---|---|---|---|
| When you browse or visit our website | |||||
| When you make use of, or interact with our Website | |||||
| When you request a demo | - Full name - Email address - Any other data you decide to provide/supply - Company name - Cloud provider - Monthly bill of the services purchased from your cloud provider |
Provide a demo | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. to provide a demo) |
3rd party platforms such as the following: - Amazon Web Services - Google Analytics - Drift - Hotjar - Mailchimp - Slack - HubSpot |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
| Sending newsletters or other marketing communications | The data subject has given consent to the processing of his or her personal data for one or more specific purposes (e.g. to be added to the mailing list) or legitimate interest applies (e.g. B2B marketing) | Cannot send you marketing communications | |||
| When you create an account, sign up or click on “Start for free” | - Full name - Company Name - Email address |
- Creating an account and sign up - Performing the agreement |
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Legitimate interest (e.g. to create an account) |
3rd party platforms such as the following: - Amazon Web Services - Google Analytics - Drift - Hotjar - Mailchimp - Slack - HubSpot |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
| Sending newsletters or other marketing communications | The data subject has given consent to the processing of his or her personal data for one or more specific purposes (e.g. to be added to the mailing list) or legitimate interest applies (e.g. B2B marketing) | Cannot send you marketing communications | |||
| When you sign in or click on “Go to Dashboard” | - Full name - Company Name - Email address - Password for Zesty platform - Any other data you decide to provide/supply |
- Performing the agreement - Providing the services |
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Legitimate interest (e.g. to perform the agreement) |
3rd party platforms such as the following: - Amazon Web Services - Hotjar |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
| Sending newsletters or other marketing communications | The data subject has given consent to the processing of his or her personal data for one or more specific purposes (e.g. to be added to the mailing list) or legitimate interest applies (e.g. B2B marketing) | Cannot send you marketing communications | |||
| When you sign up for our newsletters / email list / blog | - Name - Email address |
Adding you to our mailing list | The data subject has given consent to the processing of his or her personal data for one or more specific purposes Legitimate interest (e.g. send you more information about Zesty) |
3rd party platforms such as the following: - Hubspot - Mailchimp |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
| Sending newsletters or other marketing communications | The data subject has given consent to the processing of his or her personal data for one or more specific purposes (e.g. to be added to the mailing list) or legitimate interest applies (e.g. B2B marketing) | Cannot send you marketing communications | |||
| When you contact us (e.g. customer support, send us an email or chat with us) | - Name - Company Name - Email address - Any other data you decide to provide/supply |
- Process your request - To assist you with your query |
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. respond to a query sent by you) |
3rd party platforms such as the following: - Drift |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
| Sending newsletters or other marketing communications | The data subject has given consent to the processing of his or her personal data for one or more specific purposes (e.g. to be added to the mailing list) or legitimate interest applies (e.g. B2B marketing) | Cannot send you marketing communications | |||
| When you attend a marketing event and provide Personal Data | - Full name - Company Name - Email address - Any other data you decide to provide/supply |
- Establishing a business connection - Sending newsletters or other marketing communications |
The data subject has given consent to the processing of his or her personal data for one or more specific purposes Legitimate interest depending on the context (e.g. send you more information about Zesty in B2B contexts) |
3rd party platforms such as the following: - Hubspot - Mailchimp |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
| When you exchange business cards with us | - Full name - Company Name - Email address - Any other data you decide to provide/supply |
- Establishing a business connection - Sending newsletters or other marketing communications |
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (e.g. showing you certain products and features that you have shown an interest in). Legitimate interest (certain B2B marketing communications) Consent depending on the context |
3rd party platforms such as the following: - Hubspot - Mailchimp |
Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
| When we use the Personal Data of our service providers and suppliers | - Full name - Company Name - Email address - Any other data you decide to provide/supply |
- To contact our service providers - Processing the order of the service - Performing/executing the agreement |
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. perform the contract, send contract-related communications) |
3rd party platforms such as the following: hosting, CRM, email providers, platforms, our sub-processors (consult the list on our website) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
| When we use the Personal Data of our customers | - Full name - Company Name - Email address - Any other data you decide to provide/supply |
- Providing our services - Performing the agreement - Sending newsletters or other marketing communications |
Processing is necessary for the performance of a contract to which our customer is a party. Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.). Legitimate interest (e.g. send you contract-related communications) Soft opt in (opt out) for marketing to existing customers |
3rd party platforms such as the following: hosting, CRM, email providers, platforms, our sub-processors (consult the list on our website) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
| When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn, etc) and we use the publicly available information | - Full name - Company Name - Email address - Conversation |
- Establishing a business connection - Sending newsletters or other marketing communications |
The data subject has given consent to the processing of his or her personal data for one or more specific purposes Legitimate interest depending on the context (e.g. send you more information about Zesty in a B2B context) |
3rd party platforms such as the following: hosting, CRM, email providers, platforms, our sub-processors (consult the list on our website) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws |
2. HOW WE PROTECT AND STORE YOUR INFORMATION
2.1. Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration of our servers. As the security of information depends in part on the security of the computer, device, or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
2.2. Retention of your Personal Data. In addition to the retention periods mentioned in Section 1 above, in some circumstances, we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
3. HOW WE SHARE YOUR PERSONAL INFORMATION
In addition to the recipients described in Section 1, we may share your information as follows:
- To the extent necessary, with regulators, to comply with all applicable laws, regulations, and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
- If in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
- Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
- Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.
4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL INFORMATION
Access from Israel is covered by the Adequacy Decision laid down by the European Commission. You can read more here https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
External Transfers:
5. YOUR RIGHTS
The following rights (which may be subject to certain exemptions or derogations), shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
- You have a right to access information held about you. Your right of access is normally to be exercised free of charge; however, we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
- You have the right to request that we amend any Personal Data we hold that is inaccurate or misleading.
- You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise, or defense of legal claims;
- The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
- The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
- You have the right to object to profiling;
- You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place of work, or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority.
- The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, particularly if the processing is required to meet our legal and regulatory obligations.
- You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.
You can exercise your rights by contacting us at info@Zesty.co Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive.
In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initially requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
6. USE BY CHILDREN
We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any information to the Website without the involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.
7. PUBLIC INFORMATION ABOUT YOUR ACTIVITY ON THE SERVICES
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services.
Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We, therefore, urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
8. HOW CAN I DELETE MY ACCOUNT?
Should you ever decide to delete your account, you may do so by emailing info@Zesty.co. If you terminate your Account, any association between your Account and the information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
9. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS
The Site may enable you to interact with or contain links to your Third-Party Account and other third-party websites, mobile software applications, and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third-Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.
10. LOG FILES
We may make use of log files. The information inside the log files includes some information, such as internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.
11. Use of Analytics Tools
We also take logs about user actions and current and past machine behavior for the purposes of understanding and improving product usage and for product operations.
ANALYTIC TOOLS
- Google Analytics. The Website may use a tool called “Google Analytics” to collect information about the use of the Website. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
- Hotjar. The Website uses Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our Website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy at https://www.hotjar.com/legal/policies/privacy. You can opt-out of the creation of a user profile, Hotjar’s storing of data about your usage of our Website and Hotjar’s use of tracking cookies on other websites on this link https://www.hotjar.com/legal/compliance/opt-out.
- We also reserve the right to use more analytic tools.
12. CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 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 info@Zesty.co Please note that we are only required to respond to one request per customer each year.
13. OUR CALIFORNIA DO NOT TRACK NOTICE
We do not track consumers over time and across third-party websites and therefore do not respond to Do Not Track signals. We do not allow third-parties to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses the Site.
14. DELETION OF CONTENT FROM CALIFORNIA RESIDENTS
If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. To remove, please send an email to info@Zesty.co. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted, and that there may be circumstances in which the law does not require us to enable removal of content.
15. CONTACT US
If you have any questions, concerns, or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at info@Zesty.co