Effective Date: October 7, 2020
1. Introduction and Overview
2. Information Collection.
A. Information You Provide.
We collect information when you use the Service or interact with us offline, including information you provide when you register an account, update your profile, make a purchase, participate in a sweepstakes, contest, survey, or promotion (“Promotion”), or contact customer support. The categories of information we collect include:
- Contact Data, including your first and last name, email address, postal address, and phone number.
- Account Credentials, including your social media handles, username, password, password hints, and information for authentication and account access.
- Demographic Data, including your age, gender, and country.
- Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
- Profile Data, including your interests and favorites.
- Content, including content within any messages you send to us (such as feedback and questions to customer support) or publicly post on the Service (such as in product reviews or blog comments).
You may choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.
B. Information Collected Automatically.
In addition, we automatically collect information when you use the Service. The categories of information we automatically collect include:
- Service Use Data, including data about the features you use, the pages you visit, the emails and advertisements you view, the products you purchase, the time of day you browse, and your referring and exiting pages.
- Device Connectivity and Configuration Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address, MAC address, and Ad Id (e.g., IDFA or AAID).
- Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level) and, with your consent, precise location data (such as latitude/longitude data).
We use various tracking technologies to collect this information (“Tracking Technologies”), including the following:
- Log Files, which are files that record events that occur in connection with your use of the Service.
- Cookies, which are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Service. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
- App Technologies, which are technologies included in our apps that are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include SDKs, which is code that sends information about your use to a server, for instance through the Facebook SDK. These SDKs allow us to track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.
- Location-Identifying Technologies, which are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our apps. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
Some information about your use of our Service and certain Other Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and other parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Other Party Services.
For further information on Tracking Technologies and your rights and choices regarding them, see the “Analytics and Interest-based Advertising” and “Your Rights and Choices” sections below.
C. Information from Other Sources.
- Social networks when you engage with our content, reference our Service, or grant us permission to access information from the social networks.
- Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
3. Use of Information.
- Operate and manage our Service, including your registration and account.
- Perform services requested by you, such as respond to your comments and questions, and provide customer service.
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
- Prevent and address fraud, breach of policies or terms, and threats or harm.
- Monitor and analyse trends, usage, and activities.
- Conduct research, including focus groups and surveys.
- Improve the Service or other ZB Collective websites, apps, marketing efforts, products and services.
- Develop and send direct marketing, advertising and communications about our and other entities’ products, offers, promotions, rewards, events, and services.
- Conduct Promotions, including verifying your eligibility and delivering prizes in connection with your entries.
- Serve advertising.
- Fulfill any other purpose at your direction or with notice to you and with your consent.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.
4. Sharing of Information.
- Service Providers. We share information with our agents, vendors, and other service providers in connection with their work on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, and technical support. Service providers are prohibited from using information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
- Vendors and Other Parties. We share information with vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Analytics and Interest-based Advertising” section below.
- Affiliates. We share information with our related entities including our parent and sister companies. For example, we share information with our affiliates for customer support, marketing, and technical operations.
- Partners. We share information with our partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we share information about you with a retailer for purposes of providing you with product support.
- Facilitating Requests. We share information at your request or direction, such as when you choose to share information with a social network about your activities on the Service.
- Promotions. If you voluntarily enter a Promotion, we share information as set out in the official rules that govern the Promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a Promotion, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
- Merger or Acquisition. We share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
- Security and Compelled Disclosure. We share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Service or any third party.
- We may share information to fulfill any other purpose disclosed to you or with your consent.
Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) with third parties except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.
6. Other Parties.
A. Other Party Services.
B. Other Party Features.
- Liking, Sharing, and Logging-In. We may embed a pixel or SDK on our Service that allows you to “like” or “share” content on, or log in to a ZB Collective account through, Other Party Services, including social networks, such as Facebook and Twitter. If you choose to engage with such integration, we may collect any information you have authorized the social network to share with us (such as your user ID, public profile information, email address, birthday, friends list, and other account and profile data). Likewise, if you choose to engage with such Other Party Services through our Service or visit our Service while logged in to that Other Party Service on your device, the Other Party Service may receive information about your activities on our Service and be able to associate that information with information the Other Party Service already has about you. Please note that the social network may independently collect information about you through the integration.
6. Analytics and Interest-Based Advertising.
Our Service contains Tracking Technologies owned and operated by Other Parties. For example, we use Tracking Technologies from analytics providers, such as Google Analytics, to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to Service activity and internet usage. We also work with ad serving services, advertisers, and other parties to serve advertisements on the Service and/or on Other Party Services. These other parties may use Tracking Technologies on our Service and Other Party Services (including in emails and advertisements) to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you on the Service and Other Party Services or other party devices after you have left the Service (“Interest-based Advertising”).
We also use audience matching services to reach people (or people similar to people) who have visited our Service or are identified in one or more of our databases (“Matched Ads”). This is done by us uploading a customer list to Other Party Services or incorporating a pixel from another party on our Service, and the other party matching common factors between our data and their data. To opt-out of receiving Matched Ads, please contact the applicable other party.
For further information on the types of Tracking Technologies and your rights and choices regarding them, please see the “Information Collected Automatically” and “Your Rights and Choices” sections.
7. Your Rights and Choices.
A. Account Information.
B. Tracking Technology Choices.
- Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
- Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
- App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.
Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.
C. Analytics and Interest-Based Advertising.
You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.
Some of the other parties that collect information from or about you on the Service in order to provide more relevant advertisements to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit (i) for website opt-out, http://www.aboutads.info/choices; and (ii) for mobile app opt-out, http://www.aboutads.info/appchoices. In addition, some of these companies may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
To opt out of us using your data for Matched Ads, please contact us as set forth in the “Contact Us” section below and specify that you wish to opt out of matched ads. We will request that the applicable party not serve you matched ads based on information we provide to it. Alternatively, you may directly contact the applicable party to opt out.
You may also limit our use of information collected from or about your mobile device for purposes of serving online behavioral advertising to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).
- Emails. You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the “Contact Us” section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or ZB Collective’s ongoing business relations.
- Push Notifications. If you have opted-in to receive push notification on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.
- Text Messages and Calls. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of calls.
Please note that your opt-out is limited to the email address, device, and phone number used and will not affect subsequent subscriptions.
The Service is intended for a general audience and not directed to children under thirteen (13) years of age. ZB Collective does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe ZB Collective has collected such information in a manner not permitted by COPPA, please contact us as set out in the “Contact Us” section below, and we will remove such data to the extent required by COPPA. We will remove the personal information in accordance with COPPA. We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.
Any California residents under the age of eighteen (18) who have registered to use the Service and posted content or information on the Service, can request that such information be removed from the Service by sending an email to the email address set out in the “Contact Us” section below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
9. Data Security.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
10. International Transfer.
12. Contact Us.
For Zac Brown: email@example.com
For Zac Brown Band: firstname.lastname@example.org
For Southern Grind: email@example.com
For Demerbox: firstname.lastname@example.org
13. Additional Disclosures for Nevada Residents.
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at email@example.com.
14. Additional Disclosures for California Residents.
These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
A. Notice of Collection.
In the past 12 months, we have collected the following categories of personal information, as described in the CCPA:
- Identifiers, including name, postal address, social media handles, email address, and online identifiers (such as IP address).
- Customer records, including phone number, billing address, and credit or debit card information.
- Characteristics of protected classifications under California or federal law, including gender.
- Commercial or transactions information, including records of products or services purchased, obtained, or considered.
- Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement.
- Geolocation data.
- Inferences drawn from the above information about your predicted characteristics and preferences.
For further details on information we collect, including the sources from which we receive information, review the “Information Collection” section above. We collect and use these categories of personal information for the business purposes described in the “Use of Information” section above, including to manage our Service.
B. Right to Know and Delete.
You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
In addition, you have the right to delete the personal information we have collected from you.
To exercise any of these rights, please submit a request through our Online Form or call our toll-free number at [INSERT PHONE NUMBER]. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
C. Right to Opt-Out.
To the extent ZB Collective sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information.
D. Authorized Agent.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
E. Right to Non-Discrimination.
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
F. Financial Incentives.
Financial incentives, as defined under the CCPA, include programs, benefits, or other offerings, including payments to consumers as compensation, related to the collection, deletion, or sale of personal information about them. Although we do not consider our discount offer to be a “financial incentive,” it may be interpreted to be one under California law.
We offer discounted prices to consumers who voluntarily provide requested personal information to us in connection with offers for discounts. For example, we may offer you a discount in exchange for your email address.
You can opt-in to the discount by entering the requested information when you sign up for the discount on the Online Shop. You have the right to withdraw from the discount program at any time by contacting us at firstname.lastname@example.org.
We generally do not treat consumers differently if they exercise a privacy right under California law. However, you will need to voluntarily provide the personal information requested in order to receive the discount. In such circumstances, we offer a price difference that is reasonably related to the value of your data to us in connection with the discount offered.
G. Shine the Light.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
ZB Collective shares personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set out in the “Contact Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that ZB Collective is not required to respond to requests made by means other than through the provided email address.
15. Additional Disclosures for Data Subjects in Europe.
A. Data Controller.
Data protection laws in Europe make a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). ZB Collective acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements.
B. Lawful Basis for Processing.
Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, or partners, (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.
C. Your European Privacy Rights.
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
You may exercise your rights by submitting a written request to us at the address set out in the “Contact Us” section above. We will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
If you have a complaint about our use of your personal data or response to your requests regarding your personal data, you may submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us. In addition to the contact information above, please contact us at email@example.com.