Last Update: August 4, 2022
2. Collection of 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”).
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.”
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:
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.
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.
4. Disclosures & Transfers.
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.
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.
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.
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.
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:
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.