Privacy Policy

Effective March 28, 2023

 

Our Commitment to Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect

This notice applies to all information collected or submitted on the Zogics, LLC website: www.zogics.com. On some of our web pages, you can order products, make requests, and register to receive email promotions and newsletters and promotions. The types of personal information collected on these pages may include name, address, email address, phone number, and credit card information.

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We will collect and use individually identifiable information for billing purposes, to anticipate and resolve problems with your account, or to create and inform you of products and programs that better meet your needs. This means that Zogics, LLC may use your individually identifiable information to market new products or programs to you that we think will be of interest to you, but we will not disclose your individually identifiable information to third parties who want to market products to you.

If you receive a mailing from us, (a) your address, email address, or fax is either listed with us as someone who has expressly shared this for the purpose of receiving information in the future ("opt-in") or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

We use non-identifying and aggregate information to better design our website. For example, we may discover that X number of individuals visited a certain area on our website, but we would not disclose anything that could be used to identify individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability
  • Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Our Commitment To Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Access or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by the Zogics, LLC database. If you create an online account on www.zogics.com, you can access your account to update your personally identifiable information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows the error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Revisions to This Privacy Policy

We reserve the right to amend this Privacy Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy on this website. You should check our website frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it. The provisions contained herein supersede all previous notices or policies regarding our privacy practices that govern the use of this website.

Privacy Terms & Conditions

By using this website, you agree to the terms and conditions contained in this Privacy Policy. If you do not agree to any of these terms and conditions, you should not use this website or any Zogics, LLC benefits or services. You agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to this Privacy Policy or your access to or use of this website shall be instituted in a state or federal court in the Commonwealth of Massachusetts. You agree to submit to the jurisdiction of and agree that the venue is proper in these courts.

Google Ad Network & Other Third Party Advertising

Zogics, LLC employs the use of remarketing to advertise online. As such, after visiting our website you may be presented with online display ads regarding special offers from our company and/or partners as well as events that we periodically host. Thus, third-party vendors, including Google, may show our ads on sites across the Internet. These third-party vendors, including Google, use cookies to serve ads based on your past visits to our website. If you'd like to opt-out of Google's use of cookies, please visit their Ads Preferences Manager.

Mobile Message Service Terms and Conditions

The Zogics, LLC mobile message service (the "Service") is operated by “Zogics ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Zogics SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Zogics through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Zogics. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

ou may opt-out of the Service at any time. Text the single keyword command STOP to +1 (866) 341-9362 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Zogics mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (866) 341-9362 or email hello@zogics.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 888.623.0088.

Additional Privacy Rights

California and other states have adopted privacy laws and regulations to provide consumers with rights regarding information collected about them. These rights include the right to:

  • to have access to your personal information;
  • to delete request the deletion of your personal data;
  • to opt out of a sale of your personal information; and
  • to opt-out of receiving information from us.

You may exercise any of these rights even if you are not a resident of California by following the procedures described in Sections 4 and 5 of following Privacy Notice Pursuant to the California Privacy Act.


PRIVACY NOTICE PURSUANT TO THE CALIFORNIA CONSUMER PRIVACY ACT

THIS PRIVACY NOTICE PURSUANT TO THE CALIFORNIA CONSUMER PRIVACY ACT (“CALIFORNIA PRIVACY NOTICE” OR THIS “PRIVACY NOTICE”) SUPPLEMENTS THE INFORMATION CONTAINED IN THE PRIVACY POLICY (“COMPANY’S GENERAL PRIVACY POLICY”) WHICH EXPLAINS HOW ZOGICS, LLC (“COMPANY” OR “WE” OR “US” OR “OUR”) MAY GATHER, COLLECT, RECORD, HOLD, DISTRIBUTE, SHARE, DISCLOSE OR OTHERWISE USE ANY INFORMATION OR DATA ABOUT ANY INDIVIDUAL USER (“USER” OR “YOU” OR “YOUR”) OF THE COMPANY’S WEBSITE AT HTTPS://ZOGICS.COM (“COMPANY WEBSITE") OR THROUGH ANY OTHER PROGRAM, ACTIVITY, TECHNOLOGY PLATFORM, TECHNOLOGY APPLICATION, OR SERVICE OFFERED BY THE COMPANY (THE COMPANY WEBSITE AND THESE OTHER PROGRAMS, ACTIVITIES, PLATFORM, APPLICATIONS AND SERVICES ARE COLLECTIVELY REFERRED TO AS “COMPANY PROGRAM(S)”).

BY VISITING AND CONTINUING TO USE WWW.ZOGICS.COM AND/OR BY CONTINUING TO USE ANY OTHER PROGRAM, ACTIVITY, TECHNOLOGY PLATFORM, TECHNOLOGY APPLICATION, OR SERVICE THAT WE OFFER YOU, YOU HEREBY ACKNOWLEDGE PROPER AND COMPLETE RECEIPT OF THIS PRIVACY POLICY, INCLUDING THE SPECIAL PRIVACY NOTICE PURSUANT TO THE CALIFORNIA CONSUMER PRIVACY ACT (HEREINAFTER THE “CCPA PRIVACY NOTICE”) AND ALSO, AGREE TO THE COLLECTION, USE AND SHARING OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION PURSUANT TO THE CCPA PRIVACY NOTICE, AND YOU FURTHER AGREE THAT YOU ARE AUTOMATICALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION THE CCPA PRIVACY NOTICE, AND TO ANY OTHER TERMS OF USE GOVERNING THIS WEBSITE AS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THIS WEBSITE.

THE CCPA PROVIDES CALIFORNIA RESIDENTS WITH SPECIFIC RIGHTS WHICH ARE EXPLAINED TO YOU IN THIS CALIFORNIA PRIVACY NOTICE IN THE FOLLOWING SECTIONS:

  • SPECIFIC DATA RIGHTS PURSUANT TO THE CCPA
  • SECTIONS IN THIS PRIVACY POLICY PROVIDING SUCH NOTICE
  • THE CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT FROM YOU.
  • SECTION 1 THE PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION
  • SECTION 2 WHO WE SHARE YOUR PERSONAL INFORMATION WITH AND FOR THOSE PURPOSES.
  • SECTION 3 YOUR RIGHT TO HAVE ACCESS TO YOUR PERSONAL INFORMATION, YOUR DATA PORTABILITY RIGHTS, AND YOUR DELETION REQUEST RIGHTS; AND HOW TO ACCESS THESE RIGHTS
  • SECTION 4 NOTICE REGARDING THE SALE OF ANY PERSONAL INFORMATION TO A THIRD PARTY
  • SECTION 4 NON-DISCRIMINATION NOTICE
  • SECTION 4 THE PROVISIONS OF THIS CALIFORNIA PRIVACY NOTICE SHALL GOVERN IN THE EVENT OF ANY INCONSISTENCY BETWEEN A PROVISION IN THIS CALIFORNIA PRIVACY NOTICE AND ANY PROVISIONS IN THE COMPANY’S TERMS OF USE OR THE COMPANY’S GENERAL PRIVACY POLICY (AS DEFINED ABOVE).


NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS CALIFORNIA PRIVACY NOTICE WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS CALIFORNIA PRIVACY NOTICE, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS CALIFORNIA PRIVACY NOTICE, THEN YOU SHOULD NOT USE ANY COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION THE COMPANY WEBSITE) AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO THE COMPANY.

THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS CALIFORNIA PRIVACY NOTICE FOR YOUR RECORDS.

INFORMATION WE COLLECT

During a User’s access or use of the Company Website or any other Company Program, the Company may, either directly or by using its service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information or data about You which You provide to Us, as described in Section 1.1 below, or which is automatically collected, as described in Section 1.2 below (hereinafter collectively referred to as the User’s “Personal Information”).

1.1 INFORMATION YOU PROVIDE TO US.

We collect Personal Information that You provide directly to Us. For example, we may collect Personal Information from You if You:
provide Us with any data about You through the Company Website or any other Company Program, or via telephone;

  • create an account with Us;
  • purchase or otherwise request any of the Company’s products or services;
  • request any customer support;
  • request any exchange or return of any of the Company’s products or services;
  • request any information from or about the Company, such as a newsletter, e-alert, or any other information about Our products, services, events, or business partners;
  • fill out any other information through any Company Program;
  • communicate with any other representative of our Company;
  • communicate with Us via third-party social media sites;
  • participate in any contest, promotion, or sweepstakes;
  • apply for a job with the Company; or
  • communicating with Us in any other way.

In these instances, the types of Personal Information that We may collect from You include:

  • Your name;
  • Mailing address and/or billing address;
  • E-mail address;
  • Phone (or mobile) number;
  • Date of birth or age;
  • Credit or debit card number and other information about the same (if You make a payment either directly to Us or by using a third-party payment provider that handles payments and will receive Your payment card information);
  • Information about Your bank or checking account (if you make a payment through Your bank transfer);
  • Information You provide when You purchase any of Our goods or services, including product or service parameters or preferences You provided when making a purchase; or
  • Information You provide or otherwise are involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction.

1.2 INFORMATION AUTOMATICALLY COLLECTED.

When a User accesses or otherwise uses the Company Website or any other Company Program, We automatically collect certain Personal Information about You, including:

Device Information. We (or our service providers) may collect information about the computer, tablet, phone, or other devices you use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information, and other unique device identifiers.

Cookies and other Web-based Tracking Technologies: We (or our service providers) may use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. A cookie is a small data file stored by Your web browser on Your computer or mobile device (hard drive) that helps Us to improve the way We deliver our Company Website or other Company Programs to You, and helps Us improve Your overall experience using Our Company Website or other Company Programs, and/or helps Us analyze the areas and features of our Company Programs that are most popular or to detect fraud. Web beacons are electronic images that may be used in Our Company Programs or emails and help deliver cookies, count visits, and understand usage. Like many other websites, cookies and these other web-based tracking technologies may be used by Us (or our service providers) during Your visit to the Company Website or other Company Program in order to improve Your individual experience as a User of the Company Website or other Company Program or to generally improve or enhance the overall functionality of the Company Website or other Company Program. While most websites automatically accept cookies for these purposes, You may be able to instruct Your browser to stop accepting cookies or prompt You before accepting a cookie from the sites You visit, including the Company Website.

Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about the precise location of your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).

Social Media Information. If any of Our Company Programs offer any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our Company Program, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our Company Program. Your interactions with these features may be governed by the privacy policies of the company providing it (see Section 8 regarding Third Party Sites).

1.3 EXCLUSIONS FROM PERSONAL INFORMATION

Personal Information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.

Information excluded from the CCPA's scope, such as: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

HOW WE USE YOUR INFORMATION

2.1 PRIMARY WAYS WE USE YOUR INFORMATION.

User’s Personal Information may be gathered, collected, recorded, held, or otherwise used by or on behalf of the Company (including by Our service providers) to provide, maintain, and improve our Services to You, including for the following purposes:

  • Process your purchase transactions, fulfill your orders, process exchanges and returns and send shipping notifications;
  • Send support and administrative messages, and respond to your comments, questions, and customer service requests;
  • Communicate with you about products, services, offers, and events offered by Us and others, and provide news and information We think will be of interest to You (if you prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
  • Monitor and analyze trends, usage, and activities in connection with Our goods or services;
  • To perform credit checks for certain wholesalers or resellers;
  • To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
  • Personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, and browsing and purchasing behavior;
  • For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for Company’s tax reporting) or as may be requested under any subpoena;
  • To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages;
  • To facilitate any contests, sweepstakes, or promotions and process and deliver entries and rewards;
  • Process your information to evaluate Your application if You apply for a job; or
  • To carry out any other purpose described to You at the time the Personal Information is collected.

2.2 OTHER WAYS WE MAY USE YOUR INFORMATION.

In addition to the above, Your Personal Information may be gathered, collected, recorded, held or otherwise used for the following additional purposes:

  • To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
  • To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).

2.3 OTHER TERMS REGARDING THE USE OF YOUR INFORMATION.

2.3.1 We will use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.

2.3.2 PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR ADDITIONAL CONSENT IN COMPLIANCE WITH THIS CALIFORNIA PRIVACY NOTICE AND WHERE DOING SO IS REQUIRED OR PERMITTED BY LAW INCLUDING WITHOUT LIMITATION ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.

SHARING OF INFORMATION.

We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:

  • Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
  • Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of the Company Programs, including without limitation the following types of service providers that We may engage:
  • Email, internet or other telecommunication service providers;
  • Cloud, other data storage, or other hosting service providers;
  • Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
  • Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
  • Third parties shippers; or
  • Other third party contractors we engage to assist Us in providing Our goods and services.
  • Third Party Application Providers. If a third-party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors or other third party payment service providers.
  • Analytics Partners. We may use analytics services provided by a third party analytics service provider or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources.
  • Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
  • Trade Associations or Advertising Partners. We may work with third party trade associations (such as third party sales representative organizations), third party sales reporting companies, or third party advertising companies (collectively, “Advertising Partners”) in order to provide You with advertisements or other information that We think may interest You. These Advertising partners may set or access their own cookies, pixel tags or similar technologies on our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
  • Social Media Features. The Company Programs may offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
  • Merger, Sale, or Other Asset Transfers. We may share or disclose or otherwise transfer Your Personal Information to the Company’s Outside Professionals (as defined in Section 2.2 herein), other advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which We are acquired by or merged with another company or We sell, liquidate, or transfer all or a portion of Our assets.
  • As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
  • Company’s Outside Professional Advisors. We may share or disclose Your Personal Information with any of the Company’s Outside Professional Advisors (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
  • Consent. We may also share or disclose Your Personal Information with your permission.

ADDITIONAL RIGHTS OF CALIFORNIA RESIDENTS UNDER THE CCPA.

In addition to the other notices that we have provided in this California Privacy Notice, We hereby provide the following notices to all California residents regarding their rights under the CCPA:

4.1 ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS.

Each User has the right to request that the Company disclose certain information to You about the Company’s collection and use of Your Personal Information over the past 12 months. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will disclose to You (per your request):

  • The categories of Personal Information We collected about You.
  • The categories of sources for the Personal Information We collected about You.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom We share that Personal Information.
  • The specific pieces of Personal Information We collected about You (also called a data portability request).
  • If We sold or disclosed your Personal Information for a business purpose; two separate lists disclosing:
  • Sales (if any), identifying the Personal Information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

4.2 DELETION REQUEST RIGHTS

Each User has the right to request that the Company delete any of Your Personal Information that the Company collected from You and retained, subject to certain exceptions. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will delete (and direct our service providers to delete) Your Personal Information from our records, unless an exception applies. However, the Company may deny Your deletion request if retaining the information is necessary for the Company or its service provider(s) to:

  • Complete the transaction for which We collected the Personal Information, provide a good or service that You requested, take actions reasonably anticipated within the context of Our ongoing business relationship with You, or otherwise perform Our contract with You;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us; or
  • Comply with a legal obligation; or
  • Make other internal or lawful uses of that information that are compatible with the context in which You provided it.

4.3 NOTIFICATION REGARDING SALE OF PERSONAL INFORMATION; RIGHT TO OPT OUT OF SALE

4.3.1 NOTIFICATION REGARDING SALE OF PERSONAL INFORMATION: In view of the definition of “sale” under CCPA, the Company may exchange, share, and/or “sell” (as defined under the CCPA) the following categories of Personal Information to third party data analytics providers:

  • Identifiers;
  • Characteristics of protected classifications under California and federal law;
  • Internet/electronic activity;
  • Commercial information; and
  • Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences and characteristics.

The Company may also use certain Facebook business tools which may share certain Personal Information with Facebook.

We do not knowingly sell the Personal Information of minors under the age of 16.

4.3.2. RIGHT TO OPT OUT OF “SALE”: California residents have the right to opt-out of the “sale” of Your Personal Information to third parties, as the term “sale” is defined under the CCPA.

To submit a request to opt out of the “sale” of Your Personal Information to the third-party data analytics providers, then please contact the Company by either:

  • Calling the Company at: 888.623.0088
  • Emailing the Company at: hello@zogics.com
  • To opt-out of the “sale” of Your Personal Information to Facebook, You should go to Your Facebook settings and change them in order to disable this Facebook function.

4.4 EXERCISING YOUR ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

To exercise the access, data portability, deletion rights, and other rights described in this Section 4, the User must submit a verifiable consumer request to the Company by either:

  • Calling the Company at: 888.623.0088
  • Emailing the Company at hello@zogics.com

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request to the Company related to Your Personal Information. You may also make a verifiable consumer request on behalf of Your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows the Company to reasonably verify that You are the person about whom We collected Personal Information or an authorized representative.
  • Describe Your request with sufficient detail that allows the Company to properly understand, evaluate, and respond to it.

The Company cannot respond to Your request or provide You with Personal Information if the Company cannot verify Your identity or authority to make the request and confirm the Personal Information relates to You. Making a verifiable consumer request does not require You to create an account with us. The Company will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

4.5 RESPONSE TIMING AND FORMAT

If You send a verifiable consumer request from You as set forth in Section 4.4 above, the Company will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If We require more time (up to a total aggregate of 90 days), the Company will inform You of the reason and extension period in writing. If You have an account with Us, We will deliver our written response to that account. If You do not have an account with Us, We will deliver Our written response by mail or electronically. Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide Your Personal Information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that the request warrants a fee, We will tell You why We made that decision and provide You with a cost estimate before completing Your request.

4.6 NON-DISCRIMINATION NOTICE

The Company will not discriminate against You for exercising any of Your rights under the CCPA. Unless permitted by the CCPA, We will not:
Deny You goods or services;
Charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide You a different level or quality of goods or services; or
Suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services.
5. CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION

5.1 OPT-OUT FROM RECEIVING INFORMATION FROM THE COMPANY.

5.1.1 In the event a User has provided the Company with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, or information from the Company such as emails about the Company’s products or services, the User must send an email message to ihello@zogics.com stating that the User no longer wants to receive these communications directly from the Company (“Opt Out”). Once the Company has received the User’s request to Opt Out, the Company will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request to Opt-Out; provided, however, the Company will not have any obligation to retrieve, and cannot prevent the further use by others of, such User’s Personal Information which may have been shared up to that time with other parties as permitted by the provisions of this California Consumer Privacy Notice.

5.1.2 If a User elects to Opt Out, and provided such User has properly delivered its Opt Out request to the Company in accordance with Section 5.1.1 herein, such User will no longer receive emails directly from the Company after a commercially reasonable time from the date such User sent its Opt Out notice to the Company. However, the Company does not have any obligations under, or liability arising out of, this California Privacy Notice with regard to a User’s decision to share its Personal Information with, Our use of, any other internet websites, forums, or programs that the User may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending Your Opt Out to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information.

5.2. DO NOT TRACK. Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS.

5.3. GEO-LOCATION DATA. You may be able to prevent your device from sharing precise location information, including without limitation some or all of the Geo-Location Data described in Section 1.2 above, at any time through your device’s operating system settings.

6. ENFORCEMENT OF THIS PRIVACY POLICY BY THE COMPANY. Each User confirms and agrees that by the User’s act of using any of the Company Programs, including without limitation uploading any of the User’s Personal Information or any other content via any Company Program, the User: (a) unconditionally agrees to all of the terms and conditions of this California Privacy Notice; and (b) further agrees that no provision of this California Privacy Notice shall limit, condition, alter, or amend, in any way whatsoever, any rights that User may have separately granted to the Company pursuant to any other agreement that the User may have separately entered into with the Company.

7. USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION. Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not have an obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described or otherwise contained in the Company Website or in any other Company Program.

8. LINKS TO, AND USE OF, THIRD-PARTY SITES OR PROGRAMS. The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums, or other programs which are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.

THIS CALIFORNIA PRIVACY NOTICE ONLY APPLIES TO THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS OWNED BY THE COMPANY. THEREFORE, THIS CALIFORNIA PRIVACY NOTICE: (A) DOES NOT DESCRIBE THE PRIVACY POLICIES OF ANY OF THESE THIRD-PARTY SITES; AND (B) DOES NOT GOVERN THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD-PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE THIRD-PARTY SITES. IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK OF, OR OTHERWISE GAINS ACCESS TO, A THIRD PARTY SITE, THE USER SHOULD REVIEW THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD PARTY SITES (IF ANY) TO DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD-PARTY SITES.

Any link to any Third Party Site from the Company Website or any other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the Company, and no such Third Party Site is authorized to make any representation or warranty on our behalf.

9. THIS POLICY MAY CHANGE.

This California Privacy Notice may be changed from time to time and at any time by the Company. The Company reserves the right to change it without notice to a User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THIS CALIFORNIA PRIVACY NOTICE THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. THE TERMS OF THIS CALIFORNIA PRIVACY NOTICE MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. ANY USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM BY YOU AFTER SUCH AMENDMENT(S) SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF THE AMENDMENT(S) FOR USE OF ALL COMPANY PROGRAMS. EACH USER SHOULD REGULARLY REVIEW AND PRINT THIS CALIFORNIA PRIVACY NOTICE FOR THE USER’S RECORDS.

10. COMMUNICATING WITH THE COMPANY.

If a User believes that the Company is not complying with the policies outlined in this California Privacy Notice, or if the User has any questions relating to this California Privacy Policy, then the User should write to the Company at hello@zogics.com