Privacy

Privacy Policy and your Privacy Rights

Revised: May 26, 2017

Zipongo, Inc. and its service Zipongo (“Zipongo,” “we,” or “us“) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our Site and Service. This Privacy Policy is made part of the Zipongo Terms of Service (“Agreement“) www.zipongo.com/terms. Capitalized terms not defined in this Privacy Policy will have the meanings set forth in the Agreement.

By submitting Personal Data through the Site or Service, including Zipongo mobile applications such as OrderWell, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

1. Types of Data We Collect

We collect Personal Data and Anonymous Data from you when you visit our Site, use our Service, send us information or communications, and/or when you submit content to our Service. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, location, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons.

1.1 Data You Provide to Us

We receive and store any information you enter on our Service or otherwise provide to us.

We collect Personal Data from you, such as your username, password, first and last name, date of birth, mailing address, email address, phone number, location, and imported Third Party Account information, when you create an Account.

We collect any Personal Data contained in information or content that you submit to the Service, such as recipe favorites or food preferences.

We collect information that you submit to the Service regarding your diet, grocery / shopping purchase data, dining data, exercise routines, sleep habits, weight, mood / stress, biometric data, genetic data (where applicable), activity level, fitness level, and other custom entries you elect to track or sync with our Service, or in response to surveys.

With your consent, we may also collect certain biometric data or genetic data that you provide to us for purposes of customizing and improving the Service for your individual needs.  Likewise, if you authorize Zipongo or a third party (such as your employer or employer provided biometric screening service) acting on our behalf to collect any biometric or genetic information, then you authorize any such third party to use such information in accordance with their own terms and conditions.

We collect information you submit to complete an order on the Service with participating merchants, such as location and phone number for completion of delivery services. Zipongo uses a trusted, Third Party PCI-compliant solution for storing and processing credit card payments. Your credit card information is never stored on Zipongo servers.

If you provide us feedback or contact us via e-mail, we may collect your name and email address, as well as any other content included in the e-mail or that you submit to us, in order to send you a reply.

1.2 Data Collected Through Technology

Our servers (which may be hosted by a secure third party service provider) collect information from you when you visit or use the Site or Service, such as browser type and version, operating system, platform, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and a date/time stamp for your visit.

We use analytics technology to collect information about your use of our mobile applications and the Site, such as the time and date of your use, the duration of your use of various screens, and the features that you accessed. We use this data to assess features most preferred or most difficult to use, to improve the usability experience for users.

We may use cookies, Flash cookies, and navigational data like Uniform Resource Locators (URLs) on the Site and Service to gather information about your online activities, such as the date and time of your visit, and the information for which you searched and which you viewed. We may also use a cookie and/or Flash cookie to save your settings and to provide customizable and personalized services (such as to hold your Account information). A “cookie” is a small data file placed on your hard drive when you visit certain websites. A “Flash cookie” is a small data file placed on your hard drive when you visit certain websites that use Adobe Flash. You may disable cookies by adjusting the preferences settings of your browser. Consult the “Help” feature of your browser for specific instructions. To adjust Flash cookie settings, go to Adobe’s website, where you can access your Flash management tools. If you choose to disable cookies or Flash cookies, some areas of our Site or Service may not work properly. Our partners may also use their own cookies. We do not control use of these cookies used by partners and expressly disclaim responsibility for information collected through them.

We use software tools such as Flash or JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages.

We may use clear gifs (otherwise known as web bugs or web beacons) to gather information about your visit to the Site and Service, such as what you click on and pages and information you viewed. Additionally, be aware that partners may also use their own clear gifs and we do not control use of these by partners and expressly disclaim responsibility for information collected through them. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user’s hard drive, clear gifs are embedded invisibly on web pages.

2. Public Areas; Sharing

We may display your name and public information (“Public Content” as defined in the Zipongo Terms of Service), such as your comments on recipes, comments on the Zipongo blog pages, when you post Public Content to or use forums, blogs, and other user community features of the Service (collectively, “Public Areas“). A subset of your public content is available to the general public and registered users on the Service. If you associate your name with your public content, the people to whom you have revealed your name will be able to personally identify your activities on our Service. You may also choose to share on the Site or a Third Party Service, via comments, favorite recipes, ratings, your location, and data, and photos of your tracked foods and exercise (collectively, “Shared Content”). If you use Public Areas, post Public Content, share Shared Content, or send emails or other messages to other persons, you should be aware that they can read, collect or use any Personal Data contained therein. We are not responsible for the Personal Data you choose to submit in the Public Areas, in your Public Content, Shared Content, or that you send to others.

3. Third Party Services

We allow you to access third party services (“Third Party Services“), such as, but not limited to, Google, to share content with those services and to import information about your friends and contacts on those Third Party Services so that you can connect with them on the Service. We also partner with Third Party Services, such as trusted fulfillment partners, in order to fulfill an order you place and for the purpose of fulfilling such order. Some Third Party Services may provide us information to help improve and personalize your experience on the Service, keep your profile information in sync, complete an order placed on the site, or help you contact friends to join you on the Service, or provide Shared Content. It is your choice to login to Third Party Services, such as Facebook; you are not required to do so. Once logged into a Third Party Service, you can control your privacy settings on the Service to block the sharing to Third Party Services of your content and the importation of friend and contact information from Third Party Services. You can also adjust your privacy settings with the Third Party Service. We also may offer a feature allowing you to invite friends to join the Service by providing their contact information or by importing their contact information from your address book on a Third Party Service, such as, but not limited to, Gmail from Google, or your address book on your mobile device. You agree that we may store and use your friends’ contact information to invite them to join and connect with you on the Service. Your friends may choose to ignore your friend requests or the opportunity to register with Zipongo.

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your Personal Data. If you are using a third-party website or service and you allow them to access your Personal Data, you do so at your own risk.

4. Use of Your Data

4.1 Generally

In general, Personal Data you submit or authorize a third party to submit (such as an employer) to us is used to provide you with a customized experience, aid us in serving you better, and to respond to your requests.

We use your Personal Data to:

  • Facilitate the creation of and secure your Account on our network;
  • Identify you as a user in our system;
  • Provide the services and customer support you request;
  • Analyze request and usage patterns, diagnose problems with our server and administer our Service and Site;
  • Improve the quality of experience and provide you a personalized experience when you use the Service;
  • Send you administrative e-mail notifications, such as security or support and maintenance advisories (the e-mails we send may contain code that enables our database to track your usage of the e-mail, such as whether the e-mail was opened and/or what links (if any) were clicked);
  • Respond to your inquiries related to employment opportunities or other requests;
  • Send you e-mail messages or postal mail informing you of our products and services and also third party products and services we believe may be of interest to you.
  • Personalize guidance on your daily calorie and nutrient needs, and sample meal.

4.2 Change of Control

  • If we sell or otherwise transfer part or the whole of Zipongo or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, Personal Data and any other information collected through the Service may be among the items sold or transferred. You will continue to own your Personal Data. The buyer or transferee will be required to honor the commitments we have made in this Privacy Policy.

5. Disclosure of Your Data

5.1 Except as described below, we do not share your Personal Data with third parties:

  • We may share your Personal Data with third party service providers under contract to perform functions on our behalf. Examples include sending postal mail or e-mail, storing data, securely processing an order placed, sharing data through a user consented third party (such as a physical tracker or biometric screening company), analyzing data, performing quality assurance, providing technical support, providing marketing assistance, verifying identity, and providing customer service. These third parties may have access to your Personal Data only as needed to perform their functions.
  • We may share your Personal Data with any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
  • While we do not have a parent company, any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates“), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.
  • We may disclose your Personal Data if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law, this Privacy Policy, or the Agreement.

5.2 Information that You Share

You may share User Content and/or Personal Data through various Service functionalities, including but not limited to sharing recipes via email, invite external contacts to participate in the Service, and export grocery shopping lists to third party delivery fulfillment services, such as Instacart. See the Terms of Use for more detail on information that you share.

6. Use and Disclosure of Anonymous Data

We will have the right to use, and share with third parties, Anonymous Data for any purpose and in any manner. Anonymous Data includes non-personally identifiable data we create from Personal Data by excluding information that makes such data personally identifiable.  For example, Anonymous Data may be used or disclosed in connection with research studies or may be provided to your employer in connection with our provision of the Service. Your personal identity will never be disclosed to your employer or health plan.

7. Your Choices Regarding Your Personal Data

7.1 Your Control of the Use and Disclosure of Your Personal Data

We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you free newsletters and emails about new services, products, or other noteworthy news, or that may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, by changing your Settings, or by contacting us at support@zipongo.com. Should you opt-out of receiving future mailings, we may share your email address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated email preferences, we may send you notices of any updates to our Agreement, Privacy Policy, or other terms for the Service. You may select which types of information will be shared to your friends on the Service or Third Party Services or to the Public Areas by adjusting your options when making comments on your mobile phone, or by changing your Settings on the Service.

7.2 Changes to Personal Data

You may change any of your Personal Data in your Account by editing your Profile information through the Service. You may request deletion of your Personal Data by us by contacting us at support@zipongo.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

8. A Note about Children

Our Service is not currently directed to children under the age of 13. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

9. Security

We have commercially reasonable security measures in place to help protect against loss, misuse and alteration of your Personal Data in our possession, including securely storing any Personal Data collected as encrypted data. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Zipongo uses reasonable efforts to protect your Personal Data, Zipongo cannot guarantee its absolute security.

10. Changes to this Privacy Policy

Zipongo may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Site or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

11. Contacting Zipongo

We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at support@zipongo.com or contact us at the following address:

Zipongo Privacy Dept., 901 Battery St., Suite 250, San Francisco, CA 94111