II. Zelta Support
Zelta shall provide support for the Services as set forth here;
- Service Support. Subject to the terms of the Agreement, Zelta shall use commercially reasonable efforts to (a) maintain the security of the Zelta Service; and (b) provide email technical support Monday through Friday, 8am – 6pm ET, excluding US national holidays. Zelta will use commercially reasonable efforts to correct all Errors in the Zelta Service reported by Customer in writing to Zelta. Zelta will utilize remote diagnostic procedures whenever possible for Error diagnosis and bug fixes and/or workaround to correct the Error (“Error Correction”). Zelta may not issue Error Corrections for all Errors. “Error” means a reproducible failure of the Zelta Service to substantially conform to the Documentation. During the Term, Zelta may, in its sole discretion, provide Customer with updates, upgrades, enhancements, and any other improvements that Zelta generally offers to other customers of the Zelta Service.
- Support Exclusions. Zelta shall have no responsibility or liability of any kind, whether for breach of warranty or otherwise, arising or resulting from: (a) any problems which are not Errors; (b) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Zelta; (c) nonconformities resulting from misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Zelta Services, Zelta Platform, or Documentation; (d) problems or Errors caused by Customer’s, Named Users’, or other third party’s products, services or equipment. Any use of or reliance on data or data output contained in the Zelta Services is Customer’s or Named User’s sole responsibility.
- Service Availability. The Zelta Service will, subject to the exceptions listed below, be available [99.5]% of the time during any full calendar month (“Scheduled Availability”). The Scheduled Availability of the Zelta Service for a given month will be calculated as follows (rounded to the nearest one tenth of one percent): Availability % = 100% x (Total Minutes in the Month – Total Minutes Unavailable in the Month)/Total Minutes in the Month. Scheduled Availability Time does not include: (i) scheduled maintenance downtime; (ii) maintenance downtime for specific critical Services issues; and (iii) any downtime due to defects caused by Customer, one of its vendors, third party connections, utilities, or caused by other forces beyond the control of Zelta (such as internet outages or outages with respect to Customer’s network or internet access). Zelta shall use reasonable efforts to provide advance notice by email of any scheduled service disruption.
- Services Credit. Customer's sole and exclusive remedy, and Zelta's entire liability, in connection with any unexcused downtime shall be that for each period of downtime lasting longer than four hours, Zelta will credit Customer 5% of the Fees for each incident; provided that no more than one such credit will accrue per month. Downtime shall begin to accrue as soon as Customer (with notice to Zelta) recognizes that downtime is taking place, and continues until the availability of the Zelta Service is restored. In order to receive downtime credit, Customer must notify Zelta in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) month of Fees in any one (1) calendar month in any event. Zelta will only apply a credit to the month in which the incident occurred. Zelta's blocking of data communications or other services in accordance with its policies shall not be deemed to be a failure of Zelta to provide adequate service levels under this Agreement.
III. Personal Data We Collect
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”)as follows:
Personal Data You Provide: We collect Personal Data when you access or submit information to us through the Site. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include identifiers such as your name, business name, and email address.
Personal Data We Receive Automatically From Your Use of the Site: When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Site, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Site (e.g., Google Chrome, Microsoft Edge or Internet Explorer, etc.), and broad geographical information. In particular, the following information may be created and automatically logged in our systems:
- Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
- Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
- Usage Information: We collect information about how you use our Site, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.
IV. How We Use Personal Data
We may use Personal Data for the following purposes:
- To provide and facilitate your engagement with the Site and the Service;
- To respond to your inquiries, comments, feedback or questions;
- To send administrative information to you, for example, information regarding the Site or the Service, and changes to our terms, conditions, and policies;
- To administer a promotion, contest, sweepstakes, survey or other Site or Service feature.
- To analyze how you interact with our Site;
- To maintain and improve the content and functionality of the Site or the Service;
- To develop new products and services;
- To prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks; and
- To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.
Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
V. Sharing and Disclosure of Personal Data
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
- Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, shipping services, and web analytics services (for more details on the third parties that place cookies through the Site, please see the “Cookies” section above). Pursuant to our instructions, these parties will access, store, or otherwise process Personal Data in the course of performing their duties to us.
- Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counter parties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
- Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site or the Services, or the public, or (v) protect against legal liability.
VI. Data Retention
VII. Your Rights
In certain circumstances, you have the following data protection rights:
- The right to access, update, or delete Personal Data: Whenever possible, you can access, update, or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification: You have the right to have your Personal Data rectified if that information is inaccurate or incomplete and you are unable to perform these actions yourself.
- The right to object: You have the right to object to our processing of your Personal Data.
- The right of restriction: You have the right to request that we restrict the processing of your Personal Data.
- The right to data portability: You have the right to be provided with a copy of Personal Data in a structured, machine-readable, and commonly used format.
- The right to withdraw consent: In situations where Zelta relies on your consent to process your Personal Data, you have the right to withdraw your consent at any time.
- You have the right to complain. We are committed to resolving all inquiries or complaints about the collection or processing of your personal information. Individuals are encouraged to contact us with their concerns at firstname.lastname@example.org. If you feel your complaint is not resolved by contacting us, you should seek assistance from a local enforcement authority about our collection and use of your Personal Data.
- Please note that we may ask you to verify your identity before responding to such requests in order to protect your Personal Data.
- Please contact us if you need to change or correct your Personal Data.
The Site is not directed to children who are under the age of 18. Zelta does not knowingly collect Personal Data from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided Personal Data to Zelta through the Site please contact us and we will endeavor to delete that information from our databases.
IX. California Privacy Rights
California Civil Code Section 1798.83 permits the users of the Service who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please contact us at email@example.com
If you are a California resident you may also have the right:
- To request disclosure of the categories and specific pieces of Personal Data collected about you;
- To request the disclosure of the business purpose for collecting or selling Personal Data; the categories of third parties with whom it is shared, and the categories of sources from which Personal Data is collected;
- To request the deletion of Personal Data, subject to the limitations set forth in California Civil Code Section 1798.105(d); and
- Not to be discriminated against for exercising the rights guaranteed by California Civil Code Section 1798.100 et seq.
For a list of categories of Personal Data collected and the purposes for the processing of that Personal Data, please refer to Sections 1 and 2 above.
Requests to Know
You have the right to request that we disclose:
- The categories of Personal Data we collect;
- The categories of Personal Data we have sold or disclosed for a business purpose;
- The categories of sources from which we collect Personal Data about you;
- Our business or commercial purpose for selling or collecting Personal Data;
- The categories of Personal Data sold or shared about you, as well as the categories of third parties to whom the Personal Data was sold, by category of Personal Data for each party to whom Personal Data was sold;
- The specific pieces of Personal Data collected about you.
Delivery may take place electronically or by mail. We are not required to respond to requests relating to Personal Data more than twice in a 12-month period.
Requests to Delete
With certain exceptions, you have the right to request that we delete any Personal Data we have collected about you. Upon receiving a verified request to delete Personal Data about you, we will do so unless otherwise authorized by law.
We will acknowledge the receipt of requests to know or requests to delete Personal Data free of charge, within ten (10) business days. In order to protect your privacy and the security of Personal Data, we may verify your request by asking you to provide additional Personal Data for us to verify your identity. We will respond to your request within 45 calendar days of receipt, provided that we have been able to successfully verify your identity.
You may submit a request to know or a request to delete Personal Data via firstname.lastname@example.org.
Sale of Personal Data
In the last 12 months, we have not sold Personal Data collected in and through the Service. Consequently, we do not have an opt-out functionality on the Site.
The Right to Non-Discrimination
You have a right not to receive discriminatory treatment for the exercise of your California privacy rights.
You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.
X. For Residents of the European Economic Area, the United Kingdom, and/or Switzerland
Legal Basis For Processing Personal Data
The legal bases for our processing of Personal Data about you are as follows:
- Contract: When you set up an account on the Site, we collect Personal Data about that is necessary for completing that transaction and delivering our services to you;
- Consent: We obtain your consent to collect Personal Data for distinct purposes such as receiving marketing communications from us. You have the right to withdraw your consent at any time.
- Legitimate Interest: We have a legitimate interest to collect Personal Data about you for certain purposes such as data analytics and the protection and administration of the Site so that we can (i) understand our customers’ preferences and improve the Site; (ii) to protect the Site from information security threats and our company in connection with legal claims and proceedings; (iii) to communicate administrative changes in connection with the use of the Site; and (iv) to comply with laws that apply to us and the Site.
Transfers of Personal Data
Zelta is based in the United States of America. If you are located in the European Economic Area ("EEA"), the United Kingdom, or Switzerland, this means that we may transfer Personal Data outside of these jurisdictions. Such transfers are made using adequate safeguards, such as the EU Standard Contractual Clauses for Controller-to-Controller Transfers.
You have the following rights with respect to the Personal Data we hold about you:
- The right to know what Personal Data we hold about you;
- The right to have incomplete, incorrect, outdated, or unnecessary Personal Data corrected, deleted, or updated;
- The right to request that we restrict the processing of Personal Data we hold about you in certain circumstances;
- The right to object to the processing of Personal Data we hold about you; and/or
- The right to receive any Personal Data we hold about you in a structured and commonly used machine-readable format or have such Personal Data transmitted to another company.
In connection with exercising your rights described above, we may request additional Personal Data for purposes of verifying your identity and for no other purpose.
Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at email@example.com so we have an opportunity to address your concerns directly before you do so.
To exercise any of the rights described above, please contact firstname.lastname@example.org. We seek to promptly respond to your inquiry.
XI. Links to Other Websites
We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Site or e-mail. Please keep this in mind when disclosing any Personal Data to Zelta via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Site, or third party websites.
XIII. Your Choices
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of the Site, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.
XV. Contact Us