Version Date: August 2011
2. What Information Do We Collect and How Do We Use It?
ZenoFon collects personal information when you register for ZenoFon services or use ZenoFon features and products. When you register, we ask for personal information, including but not limited to your name, email address, mobile phone number and zip code. When transacting business with us, we may ask for credit card or alternate payment information. Once you register with ZenoFon and sign in to use our services, you are not anonymous to us. ZenoFon collects information about your transactions with us, including information about your use of our services. We automatically receive and record information on our server logs from your browser, including your IP address, originating and terminating phone numbers, radio stations listened to, customers you may have referred, and Cookie information. ZenoFon uses the information for the following purposes, among others:
• to ensure that content from our Website is presented to you in the most effective manner and to personalize your visit to our Website;
• to enable us to continuously enhance our services, to serve advertising on our Website and via SMS/text messages from our Website or affiliated third parties, and to provide to you information, and advertisements on our Website or to your mobile device for products or services which we feel may be of interest to you;
• to occasionally carry out market research including internal analytical research which will enable us to constantly improve your experience on the Website;
• we may share this information with advertisers or other third parties that are not part of ZenoFon on an aggregate or other basis that does not disclose your identity or contact information;
• to carry out our obligations arising from any agreements that may have been entered into between you and us;
• to allow you to participate in interactive features of our Website and service, when you choose to do so; and
• to notify you about changes to or other information about our service.
We will hold your personal information on our systems for as long as you use ours service, and remove it in the event that the purpose has been met, or, in the case you no longer wish to continue your status as a user of the Website. In some circumstances it may be necessary to retain your personal information to deal with any disputes. Accordingly, ZenoFon may store messaging transcript data (including member names, times and dates) arising from the use of our services for a period necessary to fulfill such purpose.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website. Any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorized access.
ZenoFon may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that a particular service has been improved or suspended. We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or by sending us an email to optout@ZenoFon.com, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
Short Message Service (SMS)
We may make services available where you can receive messages on your mobile device via a short message service ("SMS Service"). By registering with ZenoFon you are thereby agreeing to receive SMS Service messages at the mobile phone number that you provide for such purposes. Your wireless carrier's standard rates apply to these messages, and you may change your mind at any time and notify us to stop this service by sending us an email at the address set forth below or by calling (917) 284-9450 and following the directions.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.
Third Party Ad Services and Providers
We may use third-party advertising services companies to serve ads when you visit our Website or place a call. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other sites in order to provide advertisements about goods and services of interest to you. These companies may employ Cookies and clear gifs to measure advertising effectiveness.
Any information that these third parties collect via Cookies and clear GIFs is not personally identifiable. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's ("NAI") consumer Web site at www.networkadvertising.org/consumer/, and in particular, NAI's Ad Network "Opt-Out" page at www.networkadvertising.org/managing/opt_out.asp. Additionally, you may choose to provide personally identifiable information to these third parties through an ad or e-mail message. If you choose to do so, we encourage you to first read their privacy policies so that you will be aware of how they will use for your personal information.
Sharing And/Or Disclosing Information
Information about our users is an important part of our business. We share user information only as described below:
• We may respond to subpoenas, court orders, or other legal requirements, or seek to establish or exercise our legal rights or defend against legal claims.
• We believe it is necessary to disclose such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical safety of any person, or violations of ZenoFon's Terms of Service.
• Unless users opt-out of receiving ZenoFon marketing materials upon registration, ZenoFon will email and SMS users about products and services that ZenoFon believes may be of interest to them and ZenoFon also will provide users’ email and mobile phone number information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of receiving marketing materials from ZenoFon, user may do so by following the unsubscribe link in email communications, by using the contact information below. Similarly, to cease having your email and mobile number information provided to third parties, you may do so contacting us using the contact information below. Even after opting-out, a user may continue to receive marketing messages from third parties to whom ZenoFon already has provided the user’s information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails and SMS messages.
• When you make purchases or engage in promotions offered through our Website or our services, we may share personally identifying information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address, mobile number and other information to that merchant.
• We may share your personally identifying information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
• Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. ZenoFon also reserves the right to display targeted advertisements based on personal information.
• Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check their policies before you submit any personal data to these websites.
Your Right To Edit And Delete Your Information
You can enter your account or contact ZenoFon to edit or delete your personal information at anytime. All such enquiries should be sent to the email contact information provided below.
The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Website represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred personal information to the Website, please contact ZenoFon using our contact information below to have that child's account terminated and information deleted.
California Privacy Rights
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
Customer Service Phone: (917) 284-9450