Privacy Policy

Last Update: August 4, 2022

Zest (“our,” “we” or “us”) is committed to protecting your privacy. This Privacy Policy describes how we collect, store, use and distribute information through our software, website, documentation, and related services (together, the “Services”).

1. Consent.

By accessing Zest and using the Services, you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We do not actively collect Personal Information for the purpose of sale of such information in a way that specifically identifies the individual (i.e. we don’t sell customer information). You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using some or all of the Services.

2. Collection of Information.

Personal Information

When expressing an interest in obtaining additional information about the Services or registering to use the Services, we may require you to provide certain personally identifiable information, such as your name and email address (these are referred to below as your “Personal Contact Information”). We may also request in the course of provision of the Services that you submit certain health-related information and other personal information (e.g., height, weight, dietary and activity information) (“Health-Related Personal Information,” which along with your Personal Contact Information is collectively referred to as your “Personal Information.”)

Data, Diagnostic & Login Information

You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, video, messages or other materials using our Services (this is collectively referred to below as “Data”). Some of this Data may be stored and maintained on our servers. If you run into technical errors in the course of using the Services, we may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, br /owser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device (i.e. not on a server) in order to streamline the login process (“Login Information”).

Analytics Information

As you use our Services, we may also collect information through the use of commonly-used information-gathering tools, such as cookies, log files, and Web beacons. Such Information may include standard information regarding your mobile device, br /owser type, br /owser language, Operating System, Internet Protocol (“IP”) address, and the actions you take on our web site (such as the web pages viewed and the links clicked) or while using the Services. Collectively, this information is referred to as “Analytics Information.”

Geo-Location

We do not collect any information regarding your real-time geo-location while using the Services. However, we may do so at some point in the future. We will request your permission before collecting such information.

3. Use of Information.

We use the information we collect in the following ways:

Personal Information

We use your Personal Contact Information to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the Services. We may also use Personal Contact Information for limited marketing purposes, namely, to contact you to further discuss your interest in the Services, and to send you information about us or our partners. We use your Health-Related Personal Information only in the provision of the Services and to enhance the provision of the Services. We may use, analyze, compile and aggregate certain Health-Related Personal Information provided by our users to create certain anonymized, aggregated analytical and statistical data (“Aggregated User Data”), to help us better provide the Services, and which Aggregated User Data may be provided to users of the Services and used in our own marketing to demonstrate the results or effectiveness of the Services in certain situations, provided in each case that any Health-Related Personal Information that is used in creating such Aggregated User Data is not separately identifiable such that any particular information can be associated with any particular individual, but is instead embedded in such Aggregated User Data only in a general and aggregated manner.

Data, Diagnostic Information and Login Information

We use this information solely for the purpose of administering and improving our Services to you, unless you agree to provide access to Zest or a third party to review anonymized data through a separate method of consent.

Analytics Information

We use this information to provide you with the Services. We may also use your Analytics Information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization needed for the Services to process their requests.

If we plan to use your Personal Information in the future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled “Amendment of this Privacy Policy”.

4. Disclosures & Transfers.

We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further “Security” below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further “Important Exceptions” below).

Generally, Zest will not provide your Personal Information to any third parties except as reasonably necessary in the performance of the Services or otherwise in order to operate our business. From time to time we may employ contractors to help us improve the product and Services, and to maintain or perform certain parts of the Services. These third parties may have limited access to databases of user information or registered member information, including Personal Information, solely for the purpose of helping us to improve the product and Services, and they will be subject to contractual restrictions prohibiting them from using or disclosing the information about our members for any other purpose. Such agents or third parties do not have any rights to use Personal Information beyond what is necessary to assist us.

Zest may use your Personal Information without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing the Services. We may store Personal Information in locations outside the direct control of Zest (for instance, on servers or databases co-located with hosting providers).

5. Important Exceptions.

We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information, subject to appropriate confidentiality protections, in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

6. Security.

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We also take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

You are also responsible for helping to protect the security of your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.

Zest is not liable for disclosure of data due to errors in transmission, unauthorized access or acts by third parties, or omissions or acts beyond Zest’s reasonable control. Zest does not guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed by br /each of any of our physical, technical, or managerial safeguards.

7. Sharing Information with Third Parties.

You may be able to share Personal Information with third parties through use of the Services. The privacy policies of these third parties are not under our control and may differ from ours. The use of any information that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

Zest does not track its customers over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (DNT) signals.

8. Retention.

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, or account recovery. All retained Personal Information will remain subject to the terms of this Privacy Policy. Please note that if you request that your Personal Information be removed from our databases, it may not be possible to completely delete all of your Personal Information due to technological or legal constraints.

9. Amendment of this Privacy Policy.

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted, and any material changes will become effective 30 days from their posting on https://beyourzest.com/privacy or via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes. Please be advised that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time of any such use.

10. Access and Accuracy.

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Contact Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Contact Information as appropriate. This amended Personal Contact Information will be transmitted to those parties to which we are permitted to disclose your information, as appropriate. Having accurate Personal Information about you enables us to give you the best possible service.

11. Children’s Privacy Issues.

People under 18 years of age are not permitted to use the Services on their own, and so this Privacy Policy makes no provision for their use of the Services. We do not knowingly collect Personal Information from children under 13 years of age. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Service. If you have reason to believe that a child under the age of 13 has provided Personal Information through the Service, please contact us, and we will endeavor to delete that information from our databases and terminate the associated account.

12. Contact Us.

If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at:
support@beyourzest.com

If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.