Welcome to the website (the "Site") of Zive, Inc. ("Zive," "we," "us," or "our"). Zive makes available its Kiwi for Gmail and other products and services (collectively, including the Site, the "Service").
1. INFORMATION WE COLLECT
When you contact us or interact with our Service we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:
Personal Data You Provide: We collect Personal Data when you interact with our Service, including when you use our Kiwi for Gmail application or sign up for our newsletter or other promotional communications. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include your name and email address.
Personal Data We Collect Through Our Social Media Pages: We have pages on social media sites like Instagram, Facebook, Twitter, and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us through your settings on the Social Media Site, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
Personal Data We Receive Automatically From Your Use of the Service: When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Service, peak hours of visits, which page(s) are visited on our Service, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Service(e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and Service-navigation pattern. In particular, the following information is created and automatically logged in our systems:
- Log data: Information (“log data”) that your browser automatically sends whenever you visit the Service. Log data includes your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Service), browser type and settings, the date and time of your request, and how you interacted with the Service.
- 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 Service, 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.
2. HOW WE USE PERSONAL DATA
We use Personal Data to make the Service available to you, including to process your subscriptions. This processing is necessary to perform the contract we are about to enter into or have entered into with you.
We also use Personal Data as necessary for the following legitimate business interests:
- To respond to your inquiries, comments, feedback or questions;
- To manage our relationship with you, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;
- To administer and protect our business and the Service, prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); 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, and recover debts due to us.
Marketing: We may contact you to provide information we believe will be of interest to you, such as information about new product features, sales promotions, news about Zive and other promotional messages about Service or third-party products and services that you use as part of using our Service. If we do, where required by law, we will only send you such emails if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving these promotional communications by following the instructions contained in each promotional email we send you, by changing your preferences in your Communication Options in your account or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Service and to respond to your requests.
3. HOW WE SHARE AND DISCLOSE 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 service providers, including hosting, cloud services and other information technology services providers; event management, email communication software providers and email newsletter providers; data base and sales/customer relationship management services; payment processors; web analytics services (for more details on the third parties that place cookies through the Service, please see the “Cookies” section below). Pursuant to our instructions, these parties will access, process or store 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 counterparties 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 legal or regulatory obligations, including to respond to lawful requests from public authorities and 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 Service, or the public, or (v) protect against legal liability.
4. DATA RETENTION
If you have elected to receive promotional communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
5. CALIFORNIA PRIVACY RIGHTS AND DISCLOSURES
Our Service is not directed to children who are under the age of 16. Zive does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to Zive through the Service please contact us and we will endeavor to delete that information from our databases.
7. EUROPEAN USERS
Your Rights: Pursuant to the applicable European data protection law, you have the following rights in relation to your Personal Data, under certain circumstances:
- Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we share your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
- Rights in relation to automated decision-making: You have the right to be free from decisions based solely on automated processing of your Personal Data (including profiling) which produce a significant legal effect on you, unless this is necessary in relation to a contract between you and us or you provide your explicit consent to this use.
- Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
- If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or we need to process your data in order to establish, exercise, or defend legal claims.
- If we are processing your Personal Data for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above).
- Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns (such as the data protection authority of the country in which you are located). If you are a resident of the UK and believe that we maintain your Personal Data within the scope of the applicable laws relating to personal data in the UK, you may direct questions or complaints to the UK supervisory authority, the Information Commissioner's Office.
Please see the “Contact Us ” section below for information on how to exercise your rights.
8. LINKS TO OTHER WEBSITES
Type of Cookies Used:
The following chart sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:
Used to provide users with services available through the Service and to use some of its features, such as the ability to log-in and access secure areas. These cookies are essential for using and navigating the Service.
You should check Twitter’s website for more information on how to opt out, here.
You should check Facebook’s website for more information on how to opt out, here.
Your Choices: On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
- Google Chrome
- Mozilla Firefox
- Apple Safari
- Internet Explorer
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Service and you may not be able to benefit from the full functionality of the Service.
Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there or, if you are located in the European Union or the United Kingdom, visit the European Interactive Digital Advertising Alliance’s Your Online Choices opt-out tool here. These opt-out tools are provided by third parties, not us. We do not control or operate these tools or the choices that advertisers and others provide through these tools.
If you access the Service on your mobile device, you may not be able to control tracking technologies through the settings.
You use the Service at your own risk. We comply with industry standards 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 Service or e-mail. Please keep this in mind when disclosing any Personal Data to Zive via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
11. YOUR CHOICES
Whether or not you provide Personal Data to us is completely up to you, but if you choose not to provide information that is needed to use some features of our Service, you may be unable to use those features. You can also contact us at firstname.lastname@example.org to request access to your data or to ask us to update, correct, or delete your Personal Data.
14. INTERNATIONAL TRANSFER
15. CONTACT US