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TERMS AND CONDITIONS

 

ZODAKA PRIVACY POLICY

 

Your Privacy Rights

 

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. It applies to the Zodaka website and all related sites, applications, services and tools regardless of how you access or use them.

 

Scope and Consent

You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively “Zodaka Services”). This Privacy Policy applies US law and is intended to govern the use of Zodaka Services by our users (including, without limitation those who use the Zodaka Services in the course of their trade or business) in the United States, unless otherwise agreed through contract. We may amend this Privacy Policy at any time by posting a revised version on our website. The revised version will be effective as of the published effective date. After this 30-day notice period, you will be considered as having expressly consented to all amendments to this Privacy Policy.

 

Collection of Personal Information

 

We collect the following types of personal information in order to provide you with the use of Zodaka Services, and to help us personalize and improve your experience.

 

Information We Collect Automatically

 

When you use Zodaka Services, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us includes, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information.

 

Information You Provide To Us

 

We may collect and store any information you provide us when you use Zodaka Services, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Zodaka Services.

 

If you open a Zodaka account or use Zodaka Services, we may collect the following types of information:

 

Contact information, such as your name, address, phone, email and other similar information.

 

Financial information, such as the full bank account numbers that you link to your Zodaka account..

 

We may also collect information from or about you from other sources, such as through your contact with us, including our customer support team, your results when you respond to a survey, your interactions with members of the Zodaka corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole). Additionally, for quality and training purposes or for its own protection, Zodaka may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with Zodaka, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.

 

Your Security Obligations

 

We cannot guarantee the security of our users' applications. We reserve the right to terminate a user without notice if we suspect that they are at risk of a security breach. While we cannot ensure that our users follow all the necessary security protocols, we strongly recommend that you adhere to the following minimum security protocols:

 

Use of PCI compliant servers

 

Use of HTTPS for all API requests (non-HTTPS requests are currently disabled)

 

Do not store end-user credentials or other sensitive personally identifiable information

 

Encryption of your client ID and secret in all storage and communication

 

It is your responsibility to maintain the security of your account information. You must notify us immediately of any breach of security or unauthorized use of your Account. You may never publish, distribute or share your Account Information.

 

Authentication and Fraud Detection

 

In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with Zodaka Services. We may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

 

Using Your Mobile Device

 

We may offer you the ability to connect with Zodaka Services using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

 

When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

 

Information From Other Sources

 

We may also obtain information about you from third parties such as credit bureaus and identity verification services.

 

You may choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Zodaka account and authorizing Zodaka to have access to this information, you agree that Zodaka may collect, store and use this information in accordance with this Privacy Policy.

 

How We Use the Financial Information We Collect

 

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

provide Zodaka Services and customer support;

process transactions and send notices about your transactions;

verify your identity, including during account creation and password reset processes;

resolve disputes, collect fees, and troubleshoot problems;

manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;

detect, prevent or remediate violations of policies or applicable user agreements;

improve the Zodaka Services by customizing your user experience;

measure the performance of the Zodaka Services and improve their content and layout;

manage and protect our information technology infrastructure;

provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences;

contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement;

perform creditworthiness and solvency checks, compare information for accuracy and verify it with third parties.

 

We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts and promotions, and inform you about Zodaka Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. To reach you as efficiently as possible, we may contact you via phone, and may use autodialed or prerecorded calls and text messages as described in our User Agreement. Where applicable and permitted by law, you may decline to receive certain communications.

Marketing

 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize Zodaka Services, content, and advertising.

 

How We Protect and Store Personal Information

 

Throughout this Privacy Policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

 

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, the use of third-party service providers. We, and third-party service providers on our behalf, store and process your personal information in the United States and elsewhere in the world. If your information is transferred to other countries, including countries which may not have data protection laws that provide the same level of protection that exists in your country, we will protect the information as described in this Privacy Policy.

 

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centers, and information access authorization controls.

 

tate of California

Rev.     12.3.17

 

END USER LICENSE AGREEMENT

 

This End-User License Agreement (“EULA”) is a legal agreement between you the End User (“E.U.”) and Zodaka (”Z”), the author of Zodaka software, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), as well as the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.

 

By installing, copying, or otherwise using the Software, E.U. agrees to be bound by the terms and conditions set forth in this EULA. If E.U. does not agree to the terms and conditions set forth in this EULA, then E.U. may not download, install, or use the Software.

 

 

1. Grant of License

 

A)  Scope of License.  Subject to the terms of this EULA, Z hereby grants to E.U. a royalty-free, non-exclusive license to use the Software. There is no license fee payable by E.U. for the use of the Software.

 

B)   Installation and Use. E.U. may use the Software solely to do business with any entity that has a contractual relationship with Z under which that entity is licensed to use the Software. A person or business that has a contractual relationship with Z under which it is licensed to use the Software is herein referred to as a member of the Z Network.

 

2. Description of Rights and Limitations

 

A)   Limitations. E.U. may not, directly or through other parties, reverse engineer, decompile, or disassemble the Software.

 

B)   Update and Maintenance. Z shall provide updates and maintenance on the Software from time to time as, in Z’s opinion, such updates and maintenance are needed.

 

3. Description of Rights and Limitations

 

E.U. may, and is encouraged to, provide to Z suggestions, comments and feedback regarding the Software, including but not limited to performance, usability, bug reports and test results, with respect to the Software (collectively, "Feedback").

 

Additionally, Z will collect data from E.U. (“Data”).

 

E.U. hereby grants to Z the worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, distribute, sub-license, and create derivative works of, the Feedback and/or the Data, as part of any Z product, technology, service, specification or other documentation (individually and collectively, "Z Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell or sell, rent, lease or lend copies of the Feedback  and data derivatives as part of any Z Product or marketing or sales effort. Further, E.U. confirms that its Feedback and its Data are not subject to any license terms that would require Z to comply with any additional obligations with respect to any Z  Products that incorporate any Feedback or Data or derivatives of Feedback or Data.

 

Data that includes names, addresses, social security numbers, telephone numbers, and email addresses will not be furnished or sold to any third party company that is not a part of the Zodaka Network.

 

Bank Login information (credentials) will only be used to authenticate E.U.’s bank account and will not be stored, kept, or held by Z. By logging into E.U.’s bank account, Z will have the ability to query and extract funds from E.U.’s bank account at the time of a purchase by E.U. These funds will be deposited into E.U.’s chosen stored value provider’s bank account upon completion of a purchase. When making a purchase using  the Software E.U. acknowledges that he or she is purchasing and redeeming a stored-value instrument that will only be redeemable at a Z-approved stored-value provider. E.U. acknowledges that he or she is not paying for product(s) directly.

 

4. Title to Software. Z represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the E.U. of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

 

5. Intellectual Property.  All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Z . The Software is protected by all applicable copyright laws and international treaties. 

6. Support.  For any problems contact your stored value provider.

 

7. Duration. This EULA is effective for 12 months or until:

A)   It is automatically terminated or suspended if E.U. fails to comply with any of the terms and conditions set forth in this EULA; or

B)    It is terminated or suspended by Z, with or without cause.

C)  The EULA will automatically be extended from year to year unless terminated.

 

In the event this EULA is terminated, E.U. agrees that it will cease use of the Software and destroy all copies of the Software.

 

8. Governing Law and Arbitration. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of California, conflicts of law excluded.

 

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in Oakland, California, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees.

 

9. Non-Transferable. This EULA is not assignable or transferable by E.U., and any attempt to do so is void.

 

10. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

 

11. WARRANTY DISCLAIMER. Z, THE AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. E.U. ACCEPTS ANY AND ALL RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE.

 

12. LIMITATION OF LIABILITY.  Z SHALL NOT BE LIABLE TO E.U., OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH E.U., ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL Z’S AGGREGATE LIABILITY TO E.U., OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH E.U., EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY E.U. TO LICENSOR FOR USE OF THE SOFTWARE IN THE MOST RECENT CALENDAR YEAR.

 

13. Entire Agreement.  This EULA constitutes the entire agreement between Z and E.U. and supersedes all prior understandings of Z and E.U., including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.   

 

For additional information regarding this EULA, please contact:

 

info@Zodaka.com