Zacks Enterprises Inc., (“Zagwear,” “we,” “our,” or “us”) is committed to protecting your privacy. This Zagwear Privacy Notice (this “Notice”) applies to our websites and online services that link to this Notice (collectively, our “Sites”), and describes how we collect, use and disclose your personal information when you visit our Sites or otherwise engage with us (collectively, our “Service”). For the purposes of data protection laws in the European Economic Area (“EEA“), including the General Data Protection Regulation (the “Data Protection Law“), and in the United States of America (“USA“), Zagwear, with offices P.O. Box 623, Orangeburg, New York 10962 is a data processor (i.e., Zagwear is responsible for, and controls the processing of, your personal information, but does not decide what data elements are to be provided to Zagwear). By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Notice.

• What personal information do we collect about you?
• How is the information being used?
• What information do we collect automatically? (Cookies and Tracking Technologies)
• How we share your information
• Your choices and control over your information
• How we store and protect your information
• Jurisdictional disclosures
• Children's policy
• Your rights relating to customer data
• Your preferences for email and SMS marketing communications
• Your preferences for telemarketing communications
• Links to other websites and services
• How to contact us
• Changes to our Privacy Notice

What personal information do we collect about you?

We collect personal information you provide to us in a variety of ways. For example, you may provide us your personal information when you visit our Sites, access our cloud-based services, place an order, request information, order a product or service, send us messages, subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of our Service. The categories of information we collect may include:

Information you provide:

Contact and profile information. We may collect personal information, such as your name, phone number, address, business information, zip code, address, and e-mail address, when you register for our Service, order a product or service, sign up for our mailing list, or otherwise communicate or interact with us. We use this information to create, verify and personalize your account, to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences. Payment and transaction information. We may collect information such as payment information including your credit/debit card number. We use this information to complete your transaction, detect and prevent fraud. Comments, chat and opinions. When you contact us directly (e.g., by email, phone, mail or by completing an online form or participating in online chat), we may record your comments and opinions. We use this information to respond to your question or comment, to evaluate and improve our products and services.

Information we collect when you use our Sites and our Service:

Location information. We may collect information about your location if you provide your address or zip code or we may approximate your location based on your IP address. Information you may post or submit to our Sites. We may collect information about how you use and interact with our Sites and our Service, including any content you post to the Service.

Information provided by others:

Information provided by social networks. When you interact with our Service through various social media networks, such as when you “Like” us on Facebook or when you follow us or share our content on Facebook, Twitter, Snapchat, LinkedIn, Instagram or other social networks, we may receive some information about you that you permit the social network to share with third parties. We use this information to complete your profile, to better understand the demographics of our customers. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third party websites and social media networks and services before linking or connecting them to our Sites or Service. Information we receive from authentication services you connect to our Service. Some parts of our Service may allow you to login through a third-party social network or authentication service such as Facebook. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. The data we receive is dependent on that third party’s policies and your privacy settings on that third party site. Information provided by your Employer. From time to time, we may receive information about you from your employer. Information provided by Zagwear entities. We may receive information about you from other Zagwear companies and affiliates so that information you provide to one company may be used by another company to provide you services, communicate with you or provide you advertisements or other personalized content. Inference-based information: We may derive inferences about you based on the categories of information described above./span> If you provide us with personal information of another person (for instance, a potential employee/referral), you are responsible for ensuring that such person is made aware of the information contained in this Notice and that the person has given you his/her consent for sharing the information with Zagwear. Except where certain information is required by law or by Zagwear policies (including management of an employment relationship with Zagwear), your decision to provide any personal information to us is voluntary. Please note that if you do not provide certain information, we may not be able to accomplish some or all of the purposes outlined in this Notice, and you may not be able to use certain tools and systems which require the use of such personal information.

How is the information being used?

The table available in the Processing Activities Chart sets out in detail the categories of personal information we collect about you, the source of the personal information and how we use that information when you use the Service, as well as details of the recipients of that personal information. In addition, as required by Data Protection Laws, it also sets out the purpose of legal basis that we rely on to process the personal information, which we have also summarized below: Legal basis for processing in the EEA (see the ‘PURPOSE OF LEGAL BASIS’ section of the Processing Activities Chart). In the EEA, the purposes for which we process your personal information are:

1. the provision of personal information by you may be necessary for the performance of any contractual relationship we have with you;
2. where it is necessary for compliance with our legal obligations laid down by EU law;
3. where in our legitimate interests (provided these are not overridden by your interests and fundamental rights and freedoms – this includes our own legitimate interests and those of other entities and branches in our group of companies) such as:
   1. to contact you and respond to your requests and inquiries;
   2. for business administration, including statistical analysis;
   3. to provide the Sites to you; and
   4. for fraud prevention and detection; and
   5. to comply with applicable laws, regulations or codes of practices.

We may also process your personal information on the basis of your freely given, specific, informed and unambiguous consent. You should be aware that you are entitled under Data Protection Law to withdraw your consent where that has been given, at any time. If you do this and we have no alternative lawful reason to process your personal information, this may affect our ability to provide you with rights to use the Service. You have the right to withdraw your consent at any time by contacting our Data Protection Office (as set out in the ‘How to Contact Us’ section below). If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal becomes effective.

What information do we collect automatically? (Cookies and Tracking Technologies)

When you visit our Sites and Service, read our emails, or otherwise engage with us through a computer or mobile device, we and our third-party partners automatically collect information about how you access and use the Service and information about the device you use to access the Service. This information allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Sites and Services, and for other internal purposes. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”). Information we collect automatically about you may be combined with other personal information we collect directly. Specifically, we and our third-party partners may use tracking technologies to automatically collect usage and device information, such as: information about how you access and use the Service, information about the computer, tablet, smartphone or other device you use as well as analytics information. We, or our third-party partners, may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Sites; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) perform analytics and detect usage patterns on our Service; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise to plan for and enhance our Service. Your choices to control tracking technologies. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. For more information on how to block, delete and/or disable tracking technologies, see “Your Choices and Control Over Your Information” below. Do Not Track. Some web browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Although we do our best to honor the privacy preferences of our visitors, like many websites and online services our website does not alter its practices when a “Do Not Track” signal is received from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. We and our third-party partners may collect information through tracking technologies for personalized advertising purposes. For more information, please visit our Cookie Policy.

How we share your information

We may share, sell or disclose your information in the instances described below and as detailed in the ‘Recipients’ column of the Processing Activities Chart. In addition, for further information on your choices regarding your information, see “Your Choices and Control Over Your Information” below. Other Zagwear affiliates: We may share personal information with our affiliates within the Zagwear corporate group and companies that we acquire in the future when they are made part of the Zagwear corporate group, to the extent such sharing of data is necessary to fulfill a request you have submitted via our Sites or for customer support, marketing, technical operations and account management purposes. Further, we may share personal information if we are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by a third party, with such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of personal information to an unaffiliated third party. Third parties at your request: You may choose to share your activities on the Service with your friends through email, text or on various social media networks. Select marketing and strategic business partners: We may share limited data with our preferred marketing and strategic business partners so that they can provide you with information and marketing messages about products or services that may interest you. These parties may use your information in accordance with their own privacy policies. The public: When you provide feedback or post user content on our Service (e.g., if you post a product review on our Sites or comment on our social media sites), your information (e.g., your first name, last initial, state of residence, and your comments) may be displayed on our Sites or on our social media pages. When you engage with us on social media, we may tag your social media account or the social media account of others (e.g., to give photo credit to another user). With your consent or at your direction: In addition to the sharing described in this Notice, we may share information about you with third parties whenever you consent to or direct such sharing.

Other instances in which we may share your personal information:

Service providers and advisors: Personal information may be shared with third party vendors and other service providers who perform services for us or on our behalf. This may include vendors and providers who engage in marketing or advertising activities or provide mailing or email services, tax and accounting services, product fulfillment, delivery services, payments processing, data enhancement services, fraud prevention, web hosting, or analytic services. For Zagwear commercial support, we provide a list of the suppliers used to provide support. In individual instances, with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your personal information. Purchasers and third parties in connection with a business transaction: Personal information may be disclosed to third parties in connection with a corporate transaction, such as a merger, sale of any or all of our company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by an affiliate or third party, or in the event of a bankruptcy or related or similar proceedings. Law enforcement, regulators and other parties for legal reasons: Personal information may be disclosed to third parties, as required by law or subpoena, or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms & Conditions or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of our organization, our visitors, or others.

In connection with the above, we may share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you. For example, we may share usage data on an aggregated basis with Zagwear’s service providers for the purposes of helping Zagwear to carry out analysis and improvements to its products and services. Additionally, we may share the same in the normal course of operating our business; for example, we may share information publicly to show trends about the general use of our services.

Your choices and control over your information

Profile and settings: You may update your account information and adjust your account settings by logging into your account. Please note that changes to your settings may require some time to take effect. How to control your email preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices). You may also be able to adjust certain communications preferences by logging into your account. Geolocation and device Information: You may control the Service’s access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Service to access your address book, location, photo stream, and camera. You may also control precise location tracking by adjusting your location services settings on your mobile device. We may continue to approximate your location based on your IP address or through other means when you access the Service through a computer or device.

How we store and protect your information

Data storage and transfer: Your information collected through our Service may be stored and processed in the United States or any other country in which Zagwear, its affiliates or service providers maintain facilities. If you are located in regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that has data protection laws that may be more or less restrictive than those required under U.S. law. In addition, the personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are accessing our Service from the EEA, your personal information will be processed outside of the EEA. In the event of such a transfer, we ensure that:

1. the personal information is transferred to countries recognized as offering an equivalent level of protection; or
2. the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission.

If you wish to inquire further about these safeguards used, please contact us by using the information in the “How to Contact Us” section. Data retention: We will retain your personal information as long as reasonably necessary to maintain the Service, to meet legal and accounting obligations, and for the other purposes described in this Notice. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends. We may retain your personal information for a period of time consistent with the original purpose of collection (see the “PURPOSE” column of the Processing Activities Chart. We may, however, need to retain your personal information for longer if we are required to do so by law. We determine the appropriate retention period for personal information on the basis of the amount, nature and sensitivity of the personal information processed, the potential risk of harm from unauthorized use or disclosure of your personal information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). After expiry of the applicable retention periods, your personal information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data. For further information on applicable data retention periods, please contact us by using the information in the “How to Contact Us” section, below. Keeping your information safe: Security of your information is very important to us, and we have put in place safeguards to preserve the integrity and security of information we collect and share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems at all times. In the event that any information under our control is compromised as a result of a breach of data security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take additional steps, in accordance with any applicable laws and regulations.

Jurisdictional disclosures

We may choose or be required by law to provide different or additional disclosures about our data privacy practices depending on your state or country of residence. Please review this section to understand how our practices or policies may differ in your jurisdiction: UNITED STATES California. If you are a California resident, please click here for additional California-specific privacy disclosures. EUROPE If you are located in the EEA, you have the following rights in respect of your personal information that we hold: Right to object. YOU HAVE A RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR ANY REASON WHATSOEVER. Right of access. The right to obtain access to your personal data. Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete. Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data. Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another. Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or significantly similar effects. You have a right not to be subject to processing being carried out by solely automated means and it either produces a “legal effect” or has an effect that is “equivalent or similarly significant in its impact”. If you wish to exercise one of these rights, please contact us by using the information in the “How to Contact Us” section using the contact details at the end of this Notice.

Children's policy

Our websites and online services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16. If you are under the age of 16, please do not use our websites or online services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 16 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems.

Your rights relating to customer data

As described above, we may also process personal information submitted by or for a customer to our cloud products and services. To this end, if not stated otherwise in this Notice or in a separate disclosure, we process such personal information in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the personal information concerned. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Notice. If your data has been submitted to us by or on behalf of a Zagwear customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Zagwear customer who submitted your data to us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.

Your preferences for email and SMS marketing communications

From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services. We will only send you marketing messages if you have given us your consent to do so. You may manage your receipt of marketing and non-transactional communications from Zagwear by clicking on the “unsubscribe” link located on the bottom of Zagwear marketing emails, by replying or texting ‘STOP’ if you receive Zagwear SMS communications, or by contacting privacy@zagwear.com. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.

Your preferences for telemarketing communications

If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us by using the information in the “How to Contact Us” section, below. Please include your first name, last name, company and the phone number you wish to add to our Do-Not-Call register. Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.

Links to other websites and services

The Service may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability resulting from you following a link to these websites. Additionally, other privacy policies may apply when you engage with us through a co-branded or co-sponsored promotional or marketing activity. We strongly recommend that you read the privacy policies and terms and conditions of use of any third-party website or service to understand how your information will be collected, used and shared. We are not responsible for the privacy practices or the content on the websites of third-party sites.

How to contact us

Please contact privacy@zagwear.com if you have any questions, comments and requests regarding this Notice. If located in the EEA and we are unable to deal with any issues you raise with us, you also have the right to lodge a complaint with your national data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Changes to our Privacy Notice

We may modify or update this Notice from time to time to reflect the changes in our business and practices, so you should review this Notice periodically. When we change this Notice in a material manner, we will so by indicating and updating the “last modified” date in the heading of this Notice. If you object to any changes in this Notice, you may close your account associated with the Service.