In This Agreement:
WEBSITE USAGE POLICY
The material published on this website is intended to provide general information only. Whilst every effort has been made to ensure the accuracy of the information displayed on this website this cannot be guaranteed and as such does NOT constitute either an offer, professional or general advice. The www.zestdigital.com Web Site (the “Site”) is an online information service provided by Zest Digital Ltd (“www.zestdigital.com”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.zestdigital.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
USE OF THE WEBSITE
You understand that, except for information, products or services clearly identified as being supplied by www.zestdigital.com , www.zestdigital.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.zestdigital.com identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with www.zestdigital.com a. You also understand that www.zestdigital.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.zestdigital.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.zestdigital.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.zestdigital.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.zestdigital.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.zestdigital.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.zestdigital.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.zestdigital.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. www.zestdigital.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.zestdigital.com web site, please understand that it is independent from www.zestdigital.com, and that www.zestdigital.com has no control over the content on that web site. In addition, a link to a www.zestdigital.com web site does not mean that www.zestdigital.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless www.zestdigital.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
THIRD PARTY RIGHTS
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of www.zestdigital.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of United Kingdom applicable to agreements made and to be performed in United Kingdom. You agree that any legal action or proceeding between www.zestdigital.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United Kingdom . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. www.zestdigital.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.zestdigital.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
- Service – our services provided as a business and all related marketing and communications channels including this website
- You/Your – the person reading this policy and associated information
By accessing our Website and using our Service, You consent to the terms of this Policy and agree to be bound by it and all other Terms set out.
Zest Digital collects Your personal information
Zest Digital is a service provider and as such may collect personal data from You in order to best deliver its service and share relevant communications. This information may include:
- First Name
- Last Name
- Email Address(es)
- Telephone Number(s)
Where other information is required by law or other, those details will be held as appropriate. This may include bank details stored within our third-party software providers or banking to enable payments. You can always choose not to provide Your personal information to Zest Digital, but it may mean that we are unable to provide You with our service.
Zest Digital may receive personal information from You about others
Through Your use of the Service, Zest Digital may also collect information from You about someone else. If You provide Zest Digital with personal information about someone else, You must ensure that You are authorised to disclose that information to Zest Digital and that, without Zest Digital taking any further steps required by applicable data protection or privacy laws, Zest Digital may collect, use and disclose such information for the purposes described in this Policy. This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, Zest Digital’s identity, and how to contact Zest Digital. Where requested to do so by Zest Digital, You must also assist Zest Digital with any requests by the individual to access or update the personal information You have collected from them and provided Zest Digital.
Zest Digital collects, holds, and uses Your personal information for limited purposes
Zest Digital collects Your personal information so that we can provide You with our service and share any related information You may request. In doing so, Zest Digital may use the personal information we have collected from You for purposes related to our services including to:
- verify Your identity,
- administer our service,
- notify You of new or changed services offered in relation to the service,
- carry out marketing or training relating to our service,
- assist with the resolution of technical support issues or other issues relating to our service,
- comply with laws and regulations in applicable jurisdictions, and
- communicate with You.
By using our service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. Zest Digital will only use Your personal information for the purposes described in this Policy or with Your express permission.
Zest Digital can aggregate Your non-personally identifiable data
By using our service, You agree that Zest Digital can access, aggregate and use non-personally identifiable data Zest Digital has collected from You. This data will in no way identify You or any other individual. Zest Digital may use this aggregated non-personally identifiable data to:
- assist us to better understand how our visitors are using our website and/or service
- provide our customers with further information regarding the uses and benefits of our service,
- otherwise to improve our service.
Zest Digital takes steps to protect your personal information
Zest Digital is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment. We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
Zest Digital only discloses Your Personal Information in limited circumstances
Zest Digital will only disclose the personal information You have provided to us to entities outside the Zest Digital group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of our service. Zest Digital will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that Zest Digital may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
You may request access to Your personal information
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to our assigned Data Officer at: FAO: Data Officer, Zest Digital, Thomas House, Langford Locks Kidlington, OX5 1HR.
Zest Digital will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. We’ll only keep Your personal information for as long as we require it for the purposes of providing You with our service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing our service, Zest Digital utilises “cookies”. A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer. We and some of our third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services. You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website. We do not respond to or honour “Do Not Track” requests at this time.
You can opt-out of any email communications
Zest Digital sends customer information, marketing communications, service updates and service notifications to You via email. Our emails will contain “Unsubscribe” links to enable you to opt-out of further communications. Where this option does not exist, please email email@example.com. Zest Digital will remove You at Your request. If You wish to complain about how we have handled Your personal information, please provide our Data Officer with full details of Your complaint and any supporting documentation:
- by email to firstname.lastname@example.org
- by letter to The Data Officer, Zest Digital, Thomas House, Langford Locks, Kidlington, OX5 1HR.
Our Data Officer will endeavour to:
- provide an initial response to Your query or complaint within 30 business days, and
- investigate and attempt to resolve Your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
This policy may be updated from time to time
Zest Digital reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Your continued use of our service and/or website will be deemed acceptance of any amended Policy. It is Your responsibility to check back to recap on changes to this Policy.
Last updated: March 12th 2018