Privacy Policy

THIS IS THE ZARTY LLC OFFICIAL PRIVACY POLICY. PLEASE TAKE THE TIME TO READ IT CAREFULLY, AS IT CONTAINS DETAILS OF WHAT INFORMATION WE COLLECT ABOUT YOU AND HOW IT IS USED. PLEASE ALSO READ OUR TERMS OF USE AGREEMENT

For California consumers, please click here for information on your rights under the California Consumer Protection Act to access and control the use of your data.

Welcome to Zarty! Zarty LLC (“Zarty” “us”, “our” or “we”) values the privacy of our users, members, and others (collectively or individually “Users”). Your trust is important to us and we are committed to protecting the privacy and security of your personal information. The personal information you share with us helps us provide a great experience with Zarty. That is why we want to keep you informed of what personal information we collect, how it is used, and when it is shared. We are dedicated to protecting the personal information we collect from you and ensuring that it is handled with care and attention.

This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Zarty Platform (collectively, the “Services”). Our Services are available to you through a variety of platforms, including, but not limited to, www.zarty.com (the “Site”) and our mobile application, which is accessible through a variety of connected devices (the “App”). The Site and the App are collectively referred to as the “Platform.”

1. Why does Zarty collect data on consumers?
‍Zarty collects consumer data for the following business and commercial purposes:
• Relevancy purposes, to provide Users with the most relevant experiences on our Platform that we think are likely to be of interest to you.
• Transactional purposes, to contact Users with our offers and promotions.
• Technical purposes to provide notices, updates, security alerts and support information.
• Customer service purposes, to communicate with you.
• Reporting purposes, to share consumer data with third-party reporting services.

2. From whom does Zarty collect consumer data?
‍Zarty collects consumer data from sources in the following categories:
• Direct from consumer, information that you provide to us directly.
• Automatic data collection, collected automatically when you visit or register on our Website or App, such as internet protocol (IP) address, device ID, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and/or click-stream data, and through the use of "cookies", "pixel tags" and similar tracking technologies. For additional information on such tracking technologies, see Section 5 below.

3. What consumer data does Zarty collect?
‍Zarty collects data about consumers in the following categories:
• Identifying data, such as name, e-mail address, demographic data, address, and location.
• Technical data, such as IP address, site traffic data and data on any websites or applications that referred you to us.
• Engagement data, such as the web pages you viewed and other interactions on our Platform.
• Transaction data, such as data to complete Users’ purchases, survey responses and receipt data.

4. Does Zarty share consumer data with third parties?
Zarty shares consumer data with third parties in the following categories:
• Marketing partners, such as advertisers, retailers, brands or app developers who wish to target and/or retarget our Users with relevant advertisements on other websites or apps who wish to communicate directly with our customers and Users through name rental or exchange.
• Acquisition partners, such as publishers and other third parties who display Zarty ads on their websites or apps.
• Service providers, such as receipt extraction software, gift card and reward platforms, optimization and attribution partners, advertisers, product vendors and publishers.
• Media intermediaries, such as buy-side advertising platforms, media vendors, brokers, agencies or other intermediaries.
• Aggregators, such as data management platforms, advertisers and publishers.
• Supporting partners, such as marketing advisors, consultants and other third-party industry participants who work with us on a commercial basis or provide advice or services to us to support our business.

When Zarty receives information from you, we store it on servers that may be located in a country, state, province or other jurisdiction that is different from the jurisdiction where you are located. By using the Zarty Platform, you consent to our transfer of that information to such other jurisdictions; if you are located outside the United States, your consent includes your consent to our transfer and storage of your information to and in the United States.

We may share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent, except with respect to any specific program or feature for which you will have the ability to opt-out, or where we are required to seek your consent under applicable law.

We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary (a) to comply with laws or to respond to subpoenas, court orders, warrants or other legal demands or to establish or defend Zarty from legal claims; (b) to protect and defend our rights or property, you, or third parties from fraud, abuse, illegal act or violations of our Terms of Use Agreement; (c) to protect the safety or integrity of Zarty, its Users, the public or other parties as it is deemed appropriate, in our sole discretion; or (d) in a merger, acquisition, change of control, joint venture or other business combination. You hereby consent to our sharing your personally identifying information under the circumstances described herein.

Except as otherwise noted in this Privacy Policy, Zarty does not share personally identifiable information about Users with third parties unless doing so is appropriate to carry out a User’s request or it reasonably believes that doing so is legally required or is in Zarty’s interest to protect its property or other legal rights or the rights or property of others.

5. What are Cookies and other tracking technologies?
Zarty and its partners may use cookies or similar technologies to recognize User access privileges to Zarty, analyze trends, administer the website, track users’ movements around the website, add advertisements for goods or services we think may interest you, estimate our audience size, and to gather demographic information about our user base as a whole.

A cookie is a small data file that a website can send to the browser on your computer when you link to that website. A cookie can hold information deposited in the file by a website, which can then be read by other sites. A cookie is not a computer program, it does not extract personal information about you or from your computer and it does not read data on your hard drive or instruct your computer to perform any function.

You may be able to use your browser to give you the option of accepting or rejecting a cookie whenever you visit a website. You may also be able to use your browser or other software to clear cookies from your browser any time you wish. However, deleting a website's cookie may mean that some features of our Platform will not operate correct, and please note that disabling cookies or declining to accept certain cookies will prevent you from accessing some of the functionality and site offerings available via the Platform, and may also require you to re-enter certain information each time you visit or attempt to use the Platform. Besides cookies, we may use web beacons, tracking pixels or similar tracking mechanisms to track your usage patterns on our Platform. Like cookies, these small files do not store, record or share any personal information about you. We utilize third-party internet service providers to collect site traffic data using such tracking technologies that can be embedded in our Platform. These service providers can then provide us with aggregate and anonymous usage data to allow us to improve our Platform. This usage data cannot be associated with any personal information we have about you.

You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. If you are using the Zarty Platform in a jurisdiction where your prior consent is required for us to deploy any particular cookies, you will be asked to accept such cookies before they are deployed.

Zarty may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Zarty Platform; (b) provide custom, personalized advertisements, content and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.

Zarty may use your email address or other personally identifiable or location information to send promotional or marketing messages except for those specific programs or features for which you will have the ability to opt-out, or where we are required to seek your consent under applicable law. We may also use your personally identifiable or location information to perform contractual obligations we owe to you, to protect our legal interests, to process your payments to us, to comply with the law and as you may otherwise authorize us to do.

6. Can I opt-out of receiving email from Zarty?
Yes. Receiving email from Zarty is always optional.
‍
The Zarty Platform provides you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. The Zarty Platform gives you the option to end our use of your information, and to cease receiving or otherwise having access to future communications or services.

[Insert Opt-out Link]

7. What about third-party websites or apps?
‍Zarty may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Zarty Platform. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements and links that appear within the Zarty Platform. They may automatically receive your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

Zarty may provide personally identifiable information to these third-party ad servers or ad networks except as part of a specific program or feature for which you will have the ability to opt-in, or where we are required to seek your consent under applicable law. Also, please note that if an advertiser asks Zarty to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.

By clicking on hyperlinks or banner advertisements on our Platform, you may be redirected to websites or apps owned and operated by advertisers and other third parties. Zarty does not control such websites or apps or their owners and operators, and such websites are not subject to this Privacy Policy. Any data submitted on or collected by such a third-party website or app will be governed by the privacy policy on that website or app. We recommend that Users check the privacy policies of such third-party websites and apps to see how their consumer data will be collected, processed and shared.

8. What does Zarty do to keep their Platform secure?
‍We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received, including appropriate organizational, technological and physical safeguards commensurate with the sensitivity of the personal information in question. Although we believe that the measures, we take to safeguard your data are appropriate, we cannot guarantee its absolute security. Also be aware that third parties who provide services to us have their own security systems and procedures, and your information may be transmitted to equipment operated by those third parties in the course of using the Zarty Platform. We cannot, and do not, guarantee the effectiveness of the security systems and procedures of those third parties.

You have access to your personally identifiable and location information and you may view or delete, and in appropriate instances update or correct, your personally identifiable information and email preferences at any time.

To protect your privacy and security, we take reasonable steps to verify your identity before granting Users profile access. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

PLEASE NOTE THAT WITH THE EXCEPTION OF CERTAIN CATEGORIES OF INFORMATION AS IDENTIFIED BY ZARTY FROM TIME TO TIME, ALL INFORMATION THAT YOU POST FOR VIEWING ON THE ZARTY PLATFORM IS MADE PUBLICLY AVAILABLE TO ALL USERS OF THE ZARTY PLATFORM.

If Zarty learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Zarty Platform or providing personally identifiable information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Zarty Platform. Zarty may post a notice on the Zarty Platform if a security breach occurs. If this happens, you will need a web browser enabling you to view the Zarty Site. Zarty may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at [support@zarty.com].

9. Does Zarty collect information from Users outside of the United States?
‍Our Platform is not intended to be used by visitors residing outside of the United States.

10. Does Zarty collect personal information from children?
Our Platform is not intended for or directed to persons under the age of sixteen, and Zarty does not intend to collect personal information from individuals under the age of sixteen. If Zarty receives actual notice that a person under the age of sixteen has provided personal information to Zarty, Zarty will promptly (immediately, in the case of persons under the age of thirteen) remove such information from its files. If you are under 18, you are not authorized to use the Zarty Platform without express permission from your parent or legal guardian. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not intend to collect personally identifiable information from anyone under the age of thirteen (13). Any person who provides their personally identifiable information to Zarty through the Platform represents that they are not under the age of sixteen. Parents and legal guardians should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.

11. Your California Privacy Rights.
As detailed in this Privacy Policy, Zarty may use, collect, disclose and sell personal information about the consumers who respond to our offers. California consumers who wish to learn more about such practice and their rights under the California Consumer Protection Act, including the right to opt out of the sale of your data, by emailing support@zarty.com.

12. In the Event of Merger or Sale
If Zarty should ever file for bankruptcy or have its assets sold to or merge with another entity, information Zarty receives from you through the Zarty Platform is a Zarty asset and may be transferred to another party; however, in the event of such a transfer, we will require that the transferee agree to honor this Privacy Policy, as it applies to Users prior to the effective date of any such transfer, unless we are legally prohibited from doing so.

13. Further Questions?
We welcome any questions or comments you may have regarding this Privacy Policy or the use of your data. To contact us, please contact us at support@zarty.com or by writing at [Zarty LLC, P.O. Box 2373, Palm Beach, FL 33480 ]. Zarty reserves the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the "Last Updated" date set forth herein and other reasonable means to be determined at our discretion. All changes shall be effective immediately. In the event of a material change that may directly affect your account, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account. Please check this Privacy Policy periodically for changes. Your continued use of the Zarty Platform after the posting of changes constitutes your binding acceptance of such changes.

Important information for California residents

This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
o The categories of Personal Information that we have collected.
o The categories of sources from which we collected Personal Information.
o The business or commercial purpose for collecting and/or selling Personal Information.
o The categories of third parties with whom we share Personal Information. Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
o Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.

• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Opt-out of sales. If we sell your Personal Information, you can opt-out. In addition, if you direct us not to sell your Personal Information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.
• Opt-in. If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our Service.

How to exercise your rights
You may exercise your California privacy rights described above as follows:

Right to information, access and deletion. You can request to exercise your information, access and deletion rights by visiting zarty.com/ccpa.

We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Right to opt-out of the “sale” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to you. Our use of some of these services may be classified under California law as a “sale” of your Personal Information to the companies that provide the services because they collect information from our users (e.g., device data and online activity data) to help them serve ads more likely to interest you. You can request to opt-out out of this “sale” of your personal information here: zarty.com/ccpa.

We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights. As part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Disclosure or Sale of Personal Information. Zarty has not disclosed or sold Personal Information about California consumers to third parties for business and commercial purposes in the last 12 months. Zarty does not knowingly collect or sell the Personal Information of persons under 16 years of age. The table below lists, for each category of Personal Information collected, the (i) categories of sources from which it was collected, (ii) the business or commercial purposes for which it was collected, and (iii) the categories of third parties with whom it was shared. In the table below, categories of consumer data, and categories of source, purpose and third-party sharing, are as described in the Privacy Policy.

For questions or more information about your rights under the CCPA and this Privacy Policy, please contact: support@zarty.com or by writing at [Zarty LLC,  P.O. Box 2373, Palm Beach, FL 33480 ].

This Privacy Policy was last revised and is effective as of [10/14/2020].