Privacy Policy

Last revised: August 31st, 2011


Thank you for visiting www.zarbees.com (the "Website"). At Zarbee's, Inc. ("we"), we value and respect your privacy, and this privacy policy (the "Privacy Policy") is designed to assist you in understanding how we collect, use, and protect any information you may provide to us. Our Terms of Use available at www.zarbees.com/terms.html describe the terms and conditions governing your access to and use of the Website and are incorporated herein by reference and form an essential part of the Privacy Policy. YOUR USE OF THE WEBSITE, AND CONTINUED USE OF THE WEBSITE FOLLOWING ANY CHANGES TO THE PRIVACY POLICY, SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY BOTH THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND THOSE SET FORTH IN OUR TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THE PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE OR PROVIDE ANY INFORMATION TO US.

THE INFORMATION WE COLLECT
In order to use the Website to submit comments, receive coupons, upload photos and other information, and make recommendations, you will need to provide to us certain personally identifiable information ("Personal Information"). We may also collect certain indirect and/or aggregate information as a result of your use of, and interaction with, the Website ("Usage Information").

PERSONAL INFORMATION
As you use the Website, we may ask you to provide Personal Information, which may include but is not limited to your:

  • full name
  • e-mail address
  • mailing address
  • phone number


You may choose not to provide your Personal Information; however providing such Personal Information is a prerequisite for using the full functions of the Website.

USAGE INFORMATION
We may also use certain standard web measurement and tracking technologies such as "cookies," web server logs, or other statistics programs to collect Usage Information and track and record how you use the Website. This data is anonymous and does not personally identify you. Usage Information helps us measure the success of the Website and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Website. In addition, we may utilize web beacons (also known as "action tags" or "one pixel .gif files"), provided by our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize you when you visit the Website and to determine which banner ads bring users to the Website. We do not use spy ware, adware or any other similarly intrusive software.

USE OF INFORMATION COLLECTED
We use your Personal Information in order to provide the services you request and to analyze, manage and improve the Website so that we may continually strive to provide you with the best possible products and services. In compliance with applicable laws, it is our policy to require only the Personal Information necessary to enable us to complete the specific transaction that you request; we do not condition your participation in any specific activity on our Website, including any transaction, on the disclosure of more Personal Information than is reasonably necessary to complete such specific activity and/or transaction. Information such as traffic patterns and the number of page visits help us to further develop and improve the Website layout to better meet your needs. We also use information such as your name and e-mail address to contact you, respond to your inquiries, and send you information such as our newsletters and coupons. We may use such information to notify you of special offers and other services that we believe may be of interest to you or to notify you of important new changes to the Website. Finally, we use collected information to help us diagnose problems with our server or other technical issues relating to the performance of the Website. You should be aware that if you voluntarily disclose Personal Information on a bulletin board, chat room or on any other community forum offered on or through the Website, such Personal Information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type of use of your Personal Information and, as such cannot be responsible.

DISCLOSURE OF YOUR INFORMATION
We may disclose the information we collect from and about you: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Website, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce the Terms of Use, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Website; (b) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf; or (d) otherwise with your consent. We may sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Personal Information may be included in the transferred assets. We may use your Usage Information to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities that may be of interest to certain demographic groups. We do not sell your Personal Information to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes ("Information-Sharing Disclosure"). To the extent required by applicable law, we will provide the Information-Sharing Disclosure to you upon rightful request made in writing to Zarbee's, Inc., 10808 S. River Front Parkway, Suite 3022, South Jordan, Utah 84095. Except as explained above, we will not share any of your Personal Information with any third party, unless we have received your express permission to do so.

OPTING-OUT
You may opt-out of receiving communications about special offers or programs by clicking on a link provided at the bottom of the email communication.

LINKED SITES
Our Website may contain links to other websites (such as those of our partners or advertisers), which may have privacy policies that differ from our own. We are not responsible for the collection, use or disclosure of information collected through third-party websites and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such websites. Links to other websites are provided solely as a convenience. Your browsing, use and interaction on any other websites, including websites which have a link to the Website, are subject to that website's own rules and policies. Accordingly, we recommend that you review the privacy policy posted on any website that you may access through, or which links to the Website.

SPECIAL DISCLOSURE CONSIDERATIONS FOR SOCIAL MEDIA
Our Website may permit you to participate in certain online activities, such as blogs, message boards or other forums, or may include links to certain Third Party Sites that provide social media functionality, such as Facebook or Twitter ("each a "Forum"). You should be aware that if you voluntarily disclose any Personal Information on a Forum, such information may be collected and used by others and may result in unsolicited messages or an increased risk of fraud. We have no control over this use of your Personal Information and cannot be responsible for it. In addition, if a Forum is provided by a Third Party Site, such Forum will be subject to additional rules and policies; you are responsible for your conduct on any Forum and for complying with any such rules or policies.

CHILDREN'S PRIVACY
The Website is not directed to, and we do not knowingly collect Personal Information from, children under the age of 14. We recommend that parents actively participate in their children's use of the Internet. If you are under 14 years of age, please do not use or access the Website at any time or in any manner. If you believe that you may have information regarding a person under 14 that you believe to have registered an account with, or otherwise provided Personal Information via, the Website, please contact us at info@zarbees.com.

SECURITY PROCEDURES
We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and service providers whom we determine need access to the Personal Information to provide the requested products, services, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION.

SPECIAL NOTE TO INTERNATIONAL USERS
By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, the Privacy Notice, and the Terms of Use, you are transferring your Personal Information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Utah with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Utah, and (iii) the exclusive jurisdiction of the courts of the United States or the State of Utah. Any claim or dispute between you and us that arises in whole or in part from your use of the Website or in connection with the Privacy Policy will be decided exclusively by a court of competent jurisdiction located in Salt Lake City, Utah, U.S.A. Each party hereby agrees that such court will have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

CHANGES AND UPDATES TO THE PRIVACY POLICY
From time to time, we may revise the Privacy Policy. To help you stay current of any changes, we will note the date the Privacy Policy was last updated at the beginning of this Privacy Policy. Your use of the Website following the posting of any revised Privacy Policy will be deemed acceptance of the revised policy, so we strongly recommend that you check back the Privacy Policy periodically. If, and only if, we make revisions to the Privacy Policy that result in a material lessening of the restrictions on our use or disclosure of your Personal Information, we will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.
If you disagree with the terms of any Privacy Policy at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in Privacy Policy. Continued use of the Website constitutes your agreement to any Privacy Policy as in effect.

CONTACT INFORMATION
If you have any questions or comments with respect to the Privacy Policy, your rights hereunder, or your opt-in or opt-out choices, please contact us at info@zarbees.com.

MISCELLANEOUS
If any part of the Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy will continue in force and effect.