Privacy Policy
Zoomega,
Inc. and its affiliates (collectively, “Zoomega”) respect the privacy of users
(a “User” or “Users”) and experts (an “Expert” or “Experts”) alike. This
privacy policy explains Zoomega’s privacy practices in connection with the use
of the web-application (the “Web-App”) operated by Zoomega for Expert and Users
and the services rendered through the Web-App by Expert to User (the
“Services”). It also describes the ways Zoomega collects and uses personal
information of Users and Experts and the rights and options available to Users
and Experts with respect to their information.
This
privacy policy is incorporated into the Terms of Service between Zoomega and Expert (the
“Agreement”). Capitalized terms not defined herein shall have the meaning
ascribed to them in the Agreement.
THIS
PRIVACY POLICY ONLY GOVERNS ZOOMEGA’S USE OF YOUR PERSONAL INFORMATION. THE USE
OF USER’S PERSONAL INFORMATION BY EXPERT (OR OTHER THIRD PARTIES) IS NOT
CONTROLLED BY ZOOMEGA, AND USER SHOULD REVIEW EXPERT’S PRIVACY POLICY
INDEPENDENTLY. ZOOMEGA IS NOT RESPONSIBLE AND WILL BEAR NO LIABILITY TO
EXPERT’S PRIVACY POLICY OR TO EXPERT’S COMPLIANCE WITH IT.
What personal information does the
Expert provide to Zoomega?
As
an Expert, when you register to the Web-App, you are asked to provide Zoomega
an active e-mail address and other contact and personal details (or other
allowed means of identification), and to select a password.
Zoomega
can ask you to provide additional payment and transaction related personal
information, to the extent required to provide the Services.
As
an Expert, you also need to set-up a profile using the Web-App, which is
available on websites other than your own. Zoomega does not have any obligation
under this privacy policy with respect to information which an Expert provides
and which is intended to be publicly available.
Please
bear in mind that false, incorrect, incomplete, or outdated information can
prevent you from registering and using the Services or the Web-App or impair Zoomega’s
ability to provide you with the Services or the Web-App and to contact you.
What Internet traffic does Zoomega
collect?
Zoomega’s
Web-App provides a comprehensive solution to Users and Experts, which enables
them to contact each other, schedule an appointment, form a contract, pay and
receive fees, interact and manage their engagement by using the Web-App. The
Web-App is installed on Zoomega’s servers, and when you use the Web-App, the
information routed via the Web-App is accessible to Zoomega.
When
you use the Services or the Web-App, Zoomega will collect information, such as
session durations, page impressions, Internet protocol (IP) addresses, the
domain name that served you to access the Services or the Web-App, and content
types and origins.
Zoomega
will also store information related to online data or metadata that is routed
through Zoomega’s servers, such as web page addresses, structure, data fields
and images.
The
stored data will be attributed to you in person, only to the extent necessary
for the use of the Web-App or the Services, as set in the following section. In
all other cases, Zoomega will anonymize the data and will not knowingly use the
data to personally identify you.
Further
information is collected when you and Zoomega exchange communications, for
example, when you submit an inquiry to customer support at: info@Zoomega.com
Does Zoomega collect location based
information?
Zoomega
does not actively collect any personal information that is based on your
geographical location, except for the country that you reside in when accessing
the Services or the Web-App.
However,
certain location-based information is stored on Zoomega’s servers, for example
if you use the Services or the Web-App to access geographic based services.
Zoomega
will use such information subject to this privacy policy and will anonymize
such data as soon as it is no longer necessary for the performance of the
Services by Expert or the use of the Web-App.
What does Zoomega do with your
personally identifiable information?
Zoomega
uses personally identifiable information for the following purposes and for as
long as they serve such purposes:
·
To
provide and operate the Services or the Web-App;
·
To
send you updates and notices and to provide you with information related to the
Services or the Web-App, provided that Zoomega will not share your e-mail
address or any other personally identifiable information with online
advertisers and advertising networks, without your explicit consent;
·
To
enforce the Agreement;
·
To
contact you as and when it is necessary for providing the Services;
·
To
comply with any applicable law, respond to lawful requests of personal
information by public authorities, and assist law enforcement agencies as
required, including to meet national security; in any case where Zoomega
believes that the use of the information is necessary to prevent imminent
physical harm or damage to property;
·
To
collect fees and debts, and to prevent fraud, misappropriation, infringements,
identity thefts and any other misuse of the Services or the Web-App;
·
To
take any action in any case of dispute, or legal proceeding of any kind between
you and Zoomega, or between you and other users or third parties with respect
to, or in relation with the Services or the Web-App.
Privacy Sheild
As
a Zoomega user, your personal information is maintained, processed and stored
by Zoomega, our affiliates, and our service providers in the United States or
other jurisdictions.
Zoomega
complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of personal
information transferred from the European Union to the United States.
Zoomega
has certified to the Department of Commerce that it adheres to the Privacy
Shield Principles. If there is any conflict between the terms in this privacy
policy and the Privacy Shield Principles, the Privacy Shield Principles shall
govern. To learn more about the Privacy Shield program, and to view our
certification, please visit https://www.privacyshield.gov/.
In
compliance with the Privacy Shield Principles, Zoomega commits to resolve
complaints about our collection or use of your personal information. European
Union individuals with inquiries or complaints regarding our Privacy Shield
policy should first contact Zoomega at: info@Zoomega.com
For
any Privacy Shield related complaints that are not resolved within 45 days, you
can file a complaint with JAMS, our independent dispute resolution provider, at
the following website: https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim.
The services of JAMS are provided at no cost to you.
In
addition, you may invoke binding arbitration in certain cases, as further
described in Annex I of the EU-U.S. Privacy Shield Agreement. For further
information concerning the binding arbitration, please visit the Privacy Shield
web site at: www.privacyshield.gov, or contact our privacy team
at: info@Zoomega.com.
Zoomega
is subject to the investigatory and enforcement powers of the U.S. Federal
Trade Commission (FTC).
The
Experts controlling and operating the Zoomega Web-App will be considered the
controllers of such Clients’ Data and are responsible for complying with all
laws and regulations which are applicable to the collection and control of such
Clients’ Data including privacy or data protection laws of all relevant
jurisdictions.
Zoomega
cannot provide legal advice to Experts, but Zoomega recommends that all Experts
that create and maintain websites using Zoomega platform should maintain clear
and comprehensive privacy policies complying with the applicable laws and
regulations.
Important notice about privacy of
persons under the age of 16
The
Services and the Web-App are not intended for use by persons under the age of
16. If you are not 16 years old or older, then you cannot use any of the
Services or the Web-App and must not provide any of your personal details.
Zoomega
strongly encourages parents to monitor their children’s use of the Web. Zoomega
will delete a child’s personally identifiable information if a parent so
requests by sending an e-mail to support@Zoomega.com. If Zoomega learns that a child
under the age of 16 years has provided personally identifiable information to Zoomega
without verifiable parental consent, Zoomega will use commercially reasonable
efforts to delete such information from Zoomega’s databases.
How does Zoomega share your personally
identifiable information with others?
Zoomega
does not sell, rent or lease your personally identifiable information to third
parties. Zoomega shares personally identifiable information with others only in
any of the following instances, or otherwise subject to your explicit consent:
·
To
operate the Services or the Web-App, including to store and process your
information through a third-party hosting services and to process payments;
·
To
contact you. For example, Zoomega uses a third party’s mailing platform to send
you messages and updates from time to time;
·
If
Zoomega believes that you have breached the Agreement or any other agreement
with Zoomega or abused your rights to use the Services or the Web-App or
performed any act or omission that Zoomega believes to be violating any
applicable law, rules, or regulations. Zoomega may share your information with
law enforcement agencies, governmental agencies and other competent authorities
as well as with other third parties, as may be required;
·
If
Zoomega is required, or believes that it is required by law to share or disclose
your information; In any case of dispute, or legal proceeding of any kind
between you and Zoomega, or between you and other users or third parties with
respect to, or in relation with the Services or the Web-App (including a
dispute between User and Expert), Zoomega can use your information in preparing
its legal case in connection with such dispute or proceedings;
·
In
any case where Zoomega believes that sharing information is necessary to
prevent imminent physical harm or damage to property;
·
If
Zoomega organizes the operation of the Services or the Web-App within a
different framework, or through another legal structure or entity, or if Zoomega
is acquired by, or merged with another entity it can share your information
with the new entity who will operate the Services or the Web-App, provided,
however, that those entities agree to be bound by the provisions of this
privacy policy, with respective changes taken into consideration;
·
Zoomega
can also share personally identifiable information with sub-contractors and
other companies or organizations connected, or affiliated with Zoomega, such as
subsidiaries, sister-companies and parent companies;
·
Zoomega
is liable for onward transfers of personal data to third parties.
How does Zoomega use anonymous,
statistical or aggregated information?
Zoomega
also uses anonymous, statistical or aggregated information to properly operate
the Services or the Web-App; to improve the quality and functionality of the
Services or the Web-App; to enhance your experience; to create new services,
including customized services; to change or cancel existing content or
services, and for other internal and statistical purposes.
Zoomega
can share, publish, post, disseminate, transmit or otherwise communicate or
make available anonymous, statistical or aggregated information to suppliers,
business partners, sponsors, affiliates and any other third party, at Zoomega’s
sole discretion, provided, however, that Zoomega will not knowingly, or
intentionally use the information to reveal your identity without your consent.
How does Zoomega access & use your
Google user data?
Zoomega
uses Google OAuth in order to get access to your Google data as describes as
follows:
·
As
part of your registration, you can choose to register using your Google
account. As part of this process Zoomega will create a Zoomega account using
your Google email address, and later on will use it as your system email
address.
·
If
you choose to synchronize your Google Calendar with Zoomega’s app, Zoomega will
access your Google calendar and will use it to display your availability on
your Zoomega calendar(s).
·
If
you choose to synchronize your Google Contacts with Zoomega’s app, Zoomega will
import your Google Contacts into Zoomega’s app and will use it to allow you to
contact your clients.
·
You
can choose to export your Google data from Zoomega’s app at any time.
How can you access your personal
information?
If
you are an Expert and registered to the Web-App, then you can access your
personal account and edit or amend your personal information at any time using
the designated user interface in the Web-App.
If
you find that the information on your personal account is not accurate,
complete or updated, then you can make all necessary changes to correct it.
Otherwise, both Experts and Users can contact us at: info@Zoomega.com.
Which ‘opt out’ and deletion options are
available to you?
At
any time you can opt out of Zoomega’s mailing lists, by sending Zoomega a
removal request to: info@Zoomega.com. It can take up to ten (10) business days for your
opt-out request to take effect.
If
you wish to delete your personally identifiable information that is stored in Zoomega’s
database, you can send a request to delete information to: info@Zoomega.com. Zoomega will inform you whether it can accept your
request. Zoomega will strive to accept requests to delete personally
identifiable information. Zoomega can refuse your request, for example, if Zoomega
believes that removal of certain information can harm other users.
You
will bear full responsibility for any damage, costs, fines and expenses
resulting from the deletion of data pursuant to your request to exercise the
right to be forgotten, and hold Zoomega harmless thereof.
In
any case, Zoomega can keep any aggregated or anonymized information for
statistical, marketing and other purposes, indefinitely.
It
is Zoomega’s policy to keep Expert personal information on file unless
specifically requested to be deleted.
How does Zoomega secure your personal
information?
Zoomega
and third parties on its behalf implement information security systems and
procedures to secure your personal information. While such systems and
procedures reduce the risk of security breaches, they do not provide absolute
security.
Therefore,
Zoomega cannot guarantee that the Services or the Web-App will be immune from
any wrongdoings, malfunctions, unlawful interceptions or unauthorized access to
the information stored therein and to other information security risks, or that
your private communications on or through the Services or the Web-App will remain
private.
We
restrict access to personal information you provided Zoomega to our employees,
contractors, vendors and agents who need to know that information for the
purposes described in this privacy policy.
These
individuals are obligated to keep your personal information confidential and
they can be subject to penalties, termination of relations and criminal
prosecution, if they fail to comply with such obligations.
Your rights under the GDPR
Please
note that under the GDPR Zoomega processes personal data as a data processor.
As such, Zoomega is committed to assist Zoomega’s data controllers to fulfill
individuals’ rights under the GDPR.
If
you wish to exercise your rights under the GDPR or have any questions in this
matter, please contact the relevant Zoomega’s data controller directly. Should
you need Zoomega’s assistance to indicate who the relevant Zoomega’s data
controller is, please feel free to contact us at: info@Zoomega.com.
To
the extent required and upon a written request from Zoomega’s data controller, Zoomega
will assist the Zoomega’s data controller to fulfill your rights under the
GDPR.
How does Zoomega use Cookies?
Zoomega
uses cookies when operating the Services or the Web-App. Cookies are packets of
information sent by Zoomega’s servers to your web browser and then sent back by
the browser.
Zoomega
uses cookies for various purposes, for example, to save you the need to
re-enter your password each time you log-in to the Services or the Web-App, to
facilitate the use of the Services or the Web-App, to collect information for
statistical and analytical purposes, to verify information, to customize the
Services or the Web-App to your personal preferences and for information
security purposes.
Some
of the cookies can expire when the session ends, and you exit your browser.
Other cookies can be stored on your computer’s hard drive. If you wish to block
the cookies, then please use the help button in your browser and follow the
necessary instructions. However, bear in mind that disabling cookies can
complicate or even prevent your use of the Services or the Web-App, or certain
features thereof.
Where is my personal information
processed?
Zoomega
stores and processes the information through third party hosting services in
the USA or in other jurisdictions, at its discretion. If you are in the
European Economic Area, or in any other jurisdiction that regulates the
transfer of personal information outside that jurisdiction, then you hereby
grant Zoomega your explicit and unambiguous consent to transfer your personal
information to the USA or to any other jurisdiction where Zoomega’s hosting
services operate, for the purposes described in this privacy policy.
Enforcement
Zoomega
is doing its utmost to comply with this privacy policy. If you have any
questions, concerns or complaints regarding this privacy policy and the
enforcement thereof, please refer them to: info@Zoomega.com.
After
receiving your complaint, Zoomega can contact you to better understand your
concerns and will make all efforts to promptly answer your question or resolve
your complaint to your full satisfaction.
Changes to this Privacy Policy
Zoomega
can change and update the terms of this privacy policy from time to time.
Changes will take effect seven (7) days after their initial posting on the
Website or the Web-App, unless Zoomega amends this privacy policy to comply
with legal requirements. In the latter cases the amendments will become
effective as required or ordered.
Last
Updated: January 1, 2020