This policy applies only to individuals who visit our Sites or interact with us through e-mail. It does not apply to information which we may collect offline or through any other means, including on any other website operated by any third party, or to any information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.
THE PERSONAL INFORMATION WE COLLECT
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:
- contact and identification information, such as your name, address, telephone number and e-mail address;
- product and service related information concerning the products and services that we provide to, or receive from, you or programs that we offer;
- for parties with whom we do business, credit and financial information such as your payment methods and preferences, and billing and credit history, where applicable; and
- business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and information requested by or provided to you.
In addition, we may collect personally identifying information that you voluntarily provide to us via our Sites, such as your name, street address, email address, phone number, employer information, and other personal information, including by using the “Contact Us” portion of the Sites, applying for a position or for services through the Sites or by corresponding with one of our representatives via email. If you email us a question or request, we may use your email address to process your request and respond to your question.
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis, resource planning, financial advisory services and strategic planning. We may also collect information related to our media, investor and public relations activities and information related to our interactions with financial, resource planning, regulatory and other analysts and advisors.
As a general rule, we collect personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions) or rely on the permission you have given to the third party.
From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
HOW WE COLLECT AND USE PERSONAL INFORMATION
We collect personal information from you to enable us to manage, maintain, and develop our business and operations, including:
- to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the programs, products and services that have been requested;
- to be able to review the products and services that we provide to you so that we may understand your requirements for our programs, products and services and so that we may work to improve our products and services;
- to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;
- to administer or otherwise carry out our obligations in relation to any agreement you have with us;
- to protect us against error, breach of contract, negligence, fraud, theft, illegal activity and damage to our goods and property;
- to alert you to updated information and other new products and services from us, or third-parties, or to forward promotional materials to you, where you have consented to receive such information;
- to complete a transaction or service requested by you;
- to respond to inquiries or requests submitted by you;
- to ensure the Sites are relevant to your needs;
- to help us create and publish content most relevant to you;
- to enable us to comply with applicable law or regulatory requirements; and
- any other reasonable purpose to which you consent.
- Your personal information may be used and disclosed:
- as permitted or required by applicable law or regulatory requirements;
- to comply with valid legal processes such as search warrants, subpoenas or court orders;
- as part of our regular reporting activities;
- to protect our rights and property;
- where the personal information is publicly available;
- during emergency situations or where necessary to protect the safety of a person or group of persons; or
- for any additional purposes for which we have obtained your consent.
We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
DISCLOSURE OR TRANSFER ON SALE
WEBSITE USE INFORMATION
When you visit our Site, we may automatically collect website use information, such as information about your Internet service provider, your operating system, browser type, domain name, Internet protocol (IP) address, your access times, the website that referred you to us, the Web pages you request, and the date and time of those requests. We use this information only to monitor our Site’s performance and improve our Site’s content and structure. You will remain anonymous to us unless you provide us with your identity.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Web beacons allow us to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third-party. Web beacons allow us to count users who have visited certain pages and to generate statistics about how our site is used.
CALIFORNIA’S DO NOT TRACK NOTICE
We do not track our web visitors across third party websites to provide targeted advertising and, therefore, our Websites do not respond to Do Not Track (DNT) signals. We do not support Do Not Track browser settings and do not currently participate in any Do Not Track frameworks that would allow any of our Sites to respond to signals or other mechanisms from you regarding the collection of your personal information.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us using the methods described below.
CONSENT AND OPT-OUT
It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
As described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
From time to time, we communicate via email or text with users who request information or subscribe to our email mailing lists. For example, we may use your email address to confirm a request you have made, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. If you do not wish to receive email communications from us, you may change or withdraw your consent at any time. For emails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personally identifiable information is collected or by contacting us. You also may opt-out of receiving emails by clicking on the “unsubscribe” link within the text of the email. For text messages, should you choose to “unsubscribe” or stop receiving such messages, you can contact us directly at privacy@ZCL.com or reply with the message “STOP” to a message after it is received. Further, you hereby confirm consent to receiving a confirmatory message in response to your STOP request. Message and data rates may apply.
We do not intend our Sites to collect personal information from children under the age of 13. We urge parents to regularly monitor and supervise their children’s on-line activities.
LINKS TO OTHER WEBSITES
Our Sites may offer links to other websites that may be subject to less stringent privacy standards. If you visit one of these linked websites, you are then subject to the privacy policies and other policies of such website and are no longer protected by our policies. We are not responsible for, or able to monitor or control, the policies and practices of other companies, including with respect to their collection, use or disclosure or your personal information. You should review the privacy policies of these websites before providing them with personal information.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.
Once we receive your transmission, we make reasonable efforts to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
In addition, although we obligate third parties who support our Sites and their related offers or other programs to use any personal information only for the purpose of performing their work, we do not control such third parties’ website or other security measures.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
UPDATING OR ACCESSING YOUR PERSONAL INFORMATION
If you are from Canada, the European Union or Switzerland and wish to obtain access to the personal information that we maintain about you, or to correct, amend, update or delete such information, please contact our Privacy Officer in writing using the contact information provided below. Before responding to your request, we may ask you to verify your identity and to provide further details about your request. We will endeavor to respond within an appropriate timeframe and, in any event, within any timescales required by law. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions. In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
GOVERNING LAW / VENUE / FORUM
EU – U.S. PRIVACY SHIELD
We have begun the process of complying with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union to the United States. Once completed, we will certified that, in respect of all personal data we receive from the EU, we will adhere to the Privacy Shield Principles of: Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity and Purpose Limitation, Access and Recourse, Enforcement and Liability. Once certified, If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To access the Privacy Shield List, and to find details of our certification, please visit www.privacyshield.gov.
If you believe that we are not processing your personal data within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our Privacy Shield compliance in the following ways:
(1) In the first instance, please send your inquiry or complaint to Holly Monahan at Holly.Monahan@xerxes.com or by writing to the following mailing address:
7901 Xerxes Avenue South, Suite 201
Bloomington, MN 55431
We will respond within 45 days.
(2) If you are not satisfied with our response, or for complaints that cannot be resolved with us directly, we have committed to refer unresolved privacy complaints under the Privacy Shield via the American Arbitration Association – International Centre for Dispute Resolution, an alternative dispute resolution provider located in the United States. If you do not receive a timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by us, please visit: http://info.adr.org/safeharbor for more information and to file a complaint directly with the American Arbitration Association (https://www.adr.org/Support).
(3) Further, your complaint can be made or referred to the US Department of Commerce or the Federal Trade Commission for further investigation.
(4) If you do not resolve your complaint via one of the above routes, a binding arbitration option will also be made available to you to address such residual complaints under certain conditions. To find out more about the Privacy Shield’s binding arbitration scheme, please see http://privacyshield.gov/article?id=My-Rights-under-Privacy-Shield.
Our commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
SWISS SAFE HARBOR PRIVACY STATEMENT
For transfers of personal information from Switzerland to the US, we will be certifying our compliance with the US-Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce and will apply the Swiss Safe Harbor Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement when processing such data in the US. To learn more about the Swiss Safe Harbor program, please visit https://safeharbor.export.gov/swisslist.aspx
If you have any questions or concerns about our Swiss Safe Harbor program, please contact us using the contact details provided below.
If you believe that your information has not been processed in compliance with our US-Swiss Safe Harbor commitments, you may raise your concern with the Federal Data Protection and Information Commissioner (for Swiss citizens), as well as at the contact details further below.
You may also call us at Toll-Free 1-800-661-8265 (Mon-Fri, 8 am – 5 pm MST) or email us at privacy@ZCL.com. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.