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Privacy Policy

PRIVACY STATEMENT

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INTRODUCTION We respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide when you visit the website zestmarketplace.com (our “Website”) or when you use our application for your mobile device (our “Application”), or our Facebook, Instagram or other social media pages, and our practices for collecting, using, maintaining, protecting and disclosing that information. We refer to our Website, Application and social media pages cumulatively as our “Platform”.


This Policy applies to any information that we collect on the Platform, including any information in any e-mails, posts, texts and other electronic messages between you and the Platform and any information about you transferred to the Platform from other websites. This Policy does not apply to any information that we collect by any other means, including offline collection.


Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Platform. By accessing or using our Platform, you agree to this Privacy Policy. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

SECTION 1 – INFORMATION WE COLLECT AND HOW WE USE IT
We may collect several types of information from and about users of our Platform, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number and photograph. In addition, when you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, email address, and information required for the payment for goods or services, such as credit card numbers and security codes, and when you browse our Platform, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. All of this information is cumulatively referred to in this Policy as “Personal Information”.
The information we collect on or through our Platform may include information that you provide by registering to use our Platform, using our services, posting material, requesting further services or reporting a problem with our Platform. We will also retain records and copies of your correspondence (including e-mail addresses), if you contact us.


As you navigate through and interact with our Platform, we may automatically collect certain traffic data and usage information to help us manage our content and improve your use of the Platform. This may include information about your equipment, your IP address and your browsing actions and patterns when you visit our Platform, including the referring and exit pages. The technologies that we use for this automatic data collection may include cookies that are stored on your computer, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code on the Platform that permit us to count users and obtain other related Platform statistics (for example, recording the popularity of certain Platform content and verifying system and server integrity).
We use information that we collect about you or that you provide to us, including any Personal Information, to present our Platform and its contents to you, to provide you with information, products or services that you request from us and to fulfill any other purpose for which you provide the information. If you purchase products or services, we may transmit your Personal Information to payment processors. We may also use your Personal Information to notify you about changes to our Platform or any products or services we offer or provide through it and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. We may also use the information that you provide in any other way that we describe when you provide the information and for any other purpose with your consent. We may also use your Personal Information for marketing our products, services and company to you.

SECTION 2 - CONSENT
By accessing or using our Platform, you agree to this Policy and consent to our collecting and using Personal Information in accordance with this Policy. Additionally, when you provide us with Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you are deemed to consent to our collecting it and using it for that specific reason only. If you provide your email address for notifications, you consent to us using your email address for marketing purposes unless you later opt-out.


If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your Personal Information, at anytime, by contacting us at contact@zestmarketplace.com or mailing us at: Zest Marketplace, 2324 E. 5th Street Charlotte, NC US 28204.

SECTION 3 - DISCLOSURE
We may disclose your Personal Information for any permitted marketing purposes. We may also disclose your Personal Information for any other purpose disclosed when the information is provided, and for any other purpose with your consent. We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may disclose any such de-identified or aggregated data without restriction.


We may disclose Personal Information to our subsidiaries and affiliates and to any contractors, service providers and other third parties who need to know such information to support our permitted uses of Personal Information. We may disclose such Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction.
We may also disclose your Personal Information to comply with any court order, law or legal process, including to respond to any government or regulatory request and to enforce or apply our Rental Agreements, Loaner Agreements and any other Terms of Service or agreement between you and us, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. The description below is from Shopify regarding their treatment of your Personal Information.


If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).


We, Zest Marketplace, shall not be liable for any breach or other action by Shopify with respect to your Personal Information (including, without limitation, any breach of Shopify’s Terms of Service or Privacy Statement or any data breach or impermissible disclosure of your Personal Information held by Shopify) or any damages incurred by you as a result thereof.

SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted by Shopify using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, Shopify follows all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES
Some of the information that we collect from cookies, web beacons or other embedded code relates to your personal use of the Platform and allows us to store information about your preferences, speed up your searches and recognize you when you return to our Platform. Additionally, here is a list of some of the cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.


• _session_id, unique token, sessional. This allows Shopify to store information about your session (referrer, landing page, etc). • _shopify_visit, no data held, Persistent for 30 minutes from the last visit. This is used by our website provider’s internal stats tracker to record the number of visits. • _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day. This counts the number of visits to a store by a single customer. • cart, unique token, persistent for 2 weeks. This stores information about the contents of your cart. • _secure_session_id, unique token, sessional storefront_digest, unique token, indefinite. If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at contact@zestmarketplace.com or by mail at: Zest Marketplace, 2324 E. 5th Street Charlotte, NC US 28204.