Privacy

Privacy Policy and your Privacy Rights

Revised: august 09, 2011

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, 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, telephone number, e-mail 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, e-mail address, phone number, 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 journal entries.
  • We collect information that you submit to the Service regarding your diet, exercise routines, sleep habits, weight, mood, activity level, fitness level, and other custom entries you elect to track.

If you provide us feedback or contact us via e-mail, we may collect your name and e-mail 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 and 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, the information for which you searched and which you viewed, and the sites you visited before and after visiting the Site or Service. We may also use a cookie and 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 Macromedia website directly, 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 advertisers and partners may also use their own cookies. We do not control use of these cookies used by advertisers and 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 advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and 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 profile information, such your badges, Chef Honors, MVP Honors, goals, weight goals, physical activity goals, goal achievements, food and exercise challenges (collectively, your “Public Profile“) 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 Profile is available to the general public and registered users on the Service. If you associate your name with your Public Profile, 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 enable the sharing with your friends on the Site or a Third Party Service, of your journal entries and data, comments, check-in locations, 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, Facebook, Twitter or 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. Some Third Party Services may provide us information to help improve and personalize your experience on the Service, keep your profile information in sync, 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 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.

4. Use of Your Data

4.1 Generally.
In general, Personal Data you submit 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, sleep and activity plans.

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, 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.

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.

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 or by contacting us at help@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 journal entries on your mobile phone.

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 help@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”).

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. 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. Contacting Zipongo

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

Zipongo Privacy Policy, 901 Battery, suite 250, San Francisco, CA 94111