Zero My Gear Privacy Policy
Effective as of April 2, 2024
General
This Zero My Gear Privacy Policy (this “Privacy Policy”) describes the policies and procedures of Zero My Gear, LLC (“Zero My Gear”, “ZMG” or “we/us”) with respect to the collection, use and sharing of your personally identifiable information on the www.ZeroMyGear.com website. Capitalized terms used in this Privacy Policy not otherwise defined in this Privacy Policy shall have the meanings given in the Zero My Gear Terms of Service and User Agreement (the “User Agreement”), into which this Privacy Policy is incorporated. As used in this Privacy Policy, the following terms have the following meanings:
“Aggregated Data” means aggregated data derived from User Information and transaction information from the Site, which data cannot reasonably be used to identify any User of the Site or other individual.
“Applicable Law” shall have the meaning given in the User Agreement, but for residents of the State of California, shall include the CCPA.
“CCPA” means the California Consumer Privacy Act of 2018 and related regulations, as may be amended.
“Device” means the computer, mobile phone, tablet or other device used by you to visit the Site.
“Personal information” means information that may be used to identify a specific individual, or that is about an identifiable individual, including but not limited to name, email address, phone number or credit card number.
“User Information” means Registration Information, Transaction Information, Financial Information (if User is a Seller), and Site Activity Information (including Interest Categories) for a User.
Information We Collect on the Site and How We Use It
You can visit the Site and learn about the services we provide without providing Personal Information. You do need to provide Personal Information, however, to subscribe, sell, or purchase Items. Certain non-personally identifiable information, such as IP address, is collected automatically from every Site visitor, even if not voluntarily provided, as discussed further below.
We collect and use Personal Information in the specific ways listed below, and generally to improve our Site and services to you, as well as to meet our legal obligations. We also use Personal Information you provide for other purposes consistent with the reason you provide such information to us.
User Information. Below we describe the various components of your User Information and specific uses for each type of User Information. In addition to the uses described below, Zero My Gear uses your User Information in the following ways:
To send you transaction-related notifications about transactions you carry out on the Site.
When you make offers on or purchase an Item, share your name, address, telephone number, email address and bid information with the Seller to facilitate the transaction.
When you list an Item for sale, share your contact information, including name, address, email address, telephone number and Item detail with buyers to facilitate the transaction.
To perform our billing, administration and collections functions (and to contact you, when necessary, about these functions).
To report information about your account, including late payments, missed payments or other delinquencies or defaults on your accounts.
To better understand your interests and for other marketing-related initiatives.
To communicate with you and carry out actions requested by you (such as subscriptions to newsletters), including promotional messages (some of which may be related to your transactions on the Site), as described in Section I (5) below.
To resolve disputes involving you.
To share information with law enforcement or other governmental agencies or authorized third parties when required by Applicable Law pursuant to a criminal investigation.
To share information with third parties as part of investigations of fraud or alleged illegal activity or any other activity that may expose you, us or another User of the Site to legal liability.
To customize your experience with our company and our Site (for example, adapting the Site to your browser) and to help us develop new products and services; and
For other required or permissible purposes under Applicable Law.
Registration Information and Identity Verification Information.
The Site’s registration process requires Users to provide us valid and accurate contact Personal Information including name, address, mobile phone number, and email address (collectively, “Registration Information”). We use this information for fraud prevention at the time of registration.We may verify your name and address provided at the time of registration through third-party identity verification service providers we use to assist us. This is done as an identity verification and fraud prevention measure. All information described in this Section is referred to as “Identity Verification Information.”
Manual Identity Verification Option: Zero My Gear can carry out a manual process to verify your identity before allowing you to become a Seller or Buyer on the Site. This requires you to submit written evidence of your name and address, including such documents as may be requested by Zero My Gear such as a copy of your driver’s license, utility bill or similar documentation as may be requested by Zero My Gear in its discretion.
Transaction Information. We collect certain information submitted or generated during transactions on the Site based on your activities, including all sales and purchases of Items, as well as shipping information where shipment is facilitated on the Site, and other information you provide in connection with buying or shipping an Item (collectively, “Transaction Information”). We may also collect certain Personal Information that you provide through message board discussions, chats, correspondence or dispute resolution, which is also considered Transaction Information.
Financial Information. Before a User is permitted to Post Listings of Items on the Site, we collect financial information including bank account and/or credit card number, expiration date, card security code and billing address (collectively, “Financial Information”). A nominal charge of $2.00 is charged to the User’s credit card before the User is permitted to Post Listings of Items, which charge is both to verify the validity of the credit card and to cover identity verification costs incurred by us. Financial Information is used to bill you for transactions you carry out on the Site and to collect on Fees incurred through the use of the Site.
Information Requests. We may ask you to provide Personal Information in order to allow us to respond to your requests for information or other requests made over the Site.
Social Media. We may collect your User name and other information you transmit to us over social media platforms such as Facebook® or Twitter® when you interact with Zero My Gear’s specific page or social media account. We use the information you provide on social media to respond to your requests or questions, to improve our services, and for other purposes as disclosed at the time of the interaction.
Emails from Zero My Gear. Most email messages generated by the Site result directly from the User’s actions (such as registration information, confirmation of placing an offer on an Item, confirmation of Listing an Item as a Seller, or the User’s choice to subscribe to certain communications), or as necessary to inform you of changes to the Site or events related to the Site, or changes to the Site rules or policies. Other e-mail messages may result from marketing initiatives on the Site; however, Users may opt-out of receiving marketing messages; see the section below entitled “Communications from the Site and Your Choices.”
Other Information We Collect. We automatically collect your IP address when you visit our Site. We use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to gather broad demographic information, and to track usage patterns in the Site. We also may collect geo-location information, device identification number and type, computer and connection information, statistics about page views and standard web log information. We do not correlate this information with data about individual Users (though our third-party analytics companies and/or advertisers may do so; see below under “Website Analytics” and “Banner Advertising” for your choices in this regard).
Cookies. First party cookies refer to cookies that are set by our Site. We are the only ones with access to this information. Third party cookies or requests allow other third parties to have access to the information collected. These cookies are usually used for analytics and advertising.
What are cookies?
A cookie is a small text file containing alphanumeric characters that is downloaded and stored on your computer when you visit websites and uniquely identifies your browser. You do not need to provide us with any Personal Information if you simply want to browse through our Site. Like many other websites, we may record information in first party cookies that your web browser routinely shares, such as your browser type, browser language, software and hardware attributes, the date and time of your visit, the website from which you came, the geographical location of the Internet Protocol address and the pages on this site that you visit. This will generally be data that we collect in order to compile Aggregated Data. We do not normally associate this data with the Personal Information that you provide to us, but we may do so to investigate apparent fraud or a threat to the Site, our business, or our Users.Types of Cookies Employed on Our Site
Strictly Necessary Cookies. Strictly necessary cookies make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. We use Google Tag Manager on our Site to manage tags on our Site. It is not really a cookie, but it is essential to the functioning of the Site and cannot be opted out of. We use other cookies controlled by us to identify trusted web traffic and preserve your session across page requests.
Performance Cookies. Performance cookies help website owners to understand how visitors interact with their website by collecting and reporting information anonymously. We use Google Analytics for this purpose. We also use these cookies to provide us additional information about the Users to our Sites, such as their interests, hobbies, and preferences, based upon information gathered by Google through the use of cookies and browser information. However, all information we gather via Google Analytics will be gathered on an anonymous, aggregate basis and will not associate this data with your Personal Information. We use this information to gain a better understanding of the visitors to our Site and to improve our Site and product offerings.
Targeting (Advertising) Cookies. Targeting (advertising) cookies are used to track visitors across websites, including the websites of third parties, for the purpose of displaying ads that are relevant and engaging for the individual User and thereby more valuable for website publishers and advertisers.
Retargeting and Remarketing. We may, using the techniques described above, and in conjunction with third party marketing services, gather information from your visit to our Site for purposes of providing relevant advertising content about our products and services to you in the future. This means that through third-party marketing services or third-party websites such as Google, we may display advertisements to you about our products and services, based on usage data collected during your visit to our Websites.
Behavioral Advertising. When trackers are used to monitor your traffic across websites to discern your interests for the purpose of showing you ads from companies other than the website owners, this is online behavioral advertising, or “OBA.” We allow service providers to track you when you visit our website for the purpose of understanding your interests, so that they can show you ads for other companies on other websites.
We use third party cookies to collect information about how Users use our Site.
Mobile Devices. In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including the type of mobile device you use, the temporary or persistent unique device identifiers, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications. If you utilize any of the location-based services in our mobile applications, such as the functionality that allows you to search for a participating FFL in your area, we and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.
How We Share Your Information
Sharing with Non-Affiliated Third Parties. Other than as described in the paragraph above or as specifically described elsewhere in this Privacy Policy, we will not share your Personal Information collected on the Site with third parties without your permission, except as necessary or appropriate to (i) carry out the transaction, activity or request made by you on the Site or otherwise, including with Payment Platforms on the Site; (ii) comply with any Applicable Law, or (iii) enforce or apply agreements with you; or (iv) to protect the rights, property or safety of us, our Affiliates or third parties, or as otherwise required or permitted by Applicable Law.
Sharing for Marketing Purposes. We do not share your Personal Information with any third parties for such third parties’ marketing purposes unless you have opted into such sharing. If you have opted into such sharing, be aware that Zero My Gear is not responsible for the practices of any such third party with respect to your Personal Information after disclosure. Consult the privacy policies of any such third party to determine how to stop receiving messages from such third parties.
Third Party Websites and Advertisements. This Privacy Policy only addresses the information that we collect from you, but not about how third parties to whom you disclose your information in your use of the Site may use and disclose it. If you disclose your Personal Information to third parties such as bidders, Buyers and Sellers on our Site, other rules may apply to how they use and disclose information provided to them. We do not police or influence the privacy practices of third parties. When providing your Personal Information to third parties, their privacy policies govern their use and disclosure of your Personal Information. Before disclosing your Personal Information to a third party, you should familiarize yourself with their privacy policy.
Corporate Transactions. In the event of a corporate transaction such as a sale, merger or reorganization or in the unlikely event of a bankruptcy or similar restructuring involving all or a portion of Zero My Gear or its parent and/or Affiliate company(ies) (including but not limited to a spinoff of an Affiliate, and subsequent acquisition of that Affiliate by a new third party), or a sale or transfer of assets, we reserve the right to disclose or transfer your Personal Information to non-Affiliate third party acquiring company(ies) and other third parties. In the event of such a sale or transfer, we will use reasonable efforts to direct the transferee(s) to use Personal Information you have provided through this Site in a manner that is consistent with this Privacy Policy.
Aggregated Data. We may collect, share, and sell Aggregated Data, such as statistical information regarding our Users and their transactions on the Site, with third parties.
Sharing with Our Service Providers. We hire contractors to provide certain services on our behalf, including trend and statistical analysis, marketing campaigns, information processing and storage, and development of new products and services. As part of their services to us, these contractors may have access to some or all the data that we maintain, including User Information, but they are always required to maintain the confidentiality of information they receive from us and are restricted from using the information for any purposes other than those authorized by us.
You can also use cookie management and disposal tools at your own prerogative such as downloading and installing certain browser plug-ins.
You can opt-out of Google Analytics by downloading and installing the browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout.
To opt out of seeing personalized ads via the Google platform, please visit: https://support.google.com/ads/answer/2662922?hl=en.
For more information regarding how Google uses cookies in advertising and how you can control advertising cookies, please visit: https://www.google.com/policies/technologies/ads.
To personalize the ads you see via the Google platform, visit https://www.google.com/settings/ads.
For more information on how Google uses data when you visit its partners’ websites or apps, visit http://www.google.com/policies/privacy/partners.
Communications From the Site
Email Messages from Us. The Site sends various types of email communications which may include newsletters or other subscription-based communications, follow-on messages with respect to your activities on the Site, or other marketing from us about our products and services, or those of our Affiliates or trusted partners.
Transactional Messages. Notifications related to activity on the Site are generated as a result or registering as a User of the Site, bidding on or purchasing Items, or listing Items for sale. These notifications can include bid confirmations, winning bidder notices, Item listing confirmations, Item sold notifications, monthly statements, billing messages, and other notifications related to activity on the Site. You cannot opt out of receiving notifications related to transaction activity on the Site; however, if you do not bid on or post Listings of Items and your account balance is zero you will not receive any such notifications from the Site.
If you are a registered Subscriber on the Site, we may send you certain notices, such as notices of a substantial change in the policies and/or operation of the Site. These notices are sent infrequently and cannot be opted out of other than by closing your account with us.
Promotional Messages. Zero My Gear may send a variety of promotional messages, both from us and from our third-party advertisers, but you are free to set your choices for either type of message or opt-out if you have previously agreed to these, at any time. Please note that if you provide your email address to one of our third-party advertisers in response to an email from the third party, you will need to opt out of future marketing emails directly with that advertiser, and we are not responsible for the data privacy practices of any such third party with whom you have decided to interact directly. We recommend that you review the privacy policy of any such party before providing them with your Personal Information.
Mobile Communications. Your consent in the User Agreement to receive texts from us is completely voluntary. You may opt-out at any time. It is your sole responsibility to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of text messages, we reserve the right to make non-automated calls to you.
Children’s Privacy
The Site is not intended for or directed to persons less than 18 years of age. We do not knowingly solicit or collect Personal Information from or about children, and we do not knowingly market our services to children. If you are under 18 years of age, do not use the Site.
For Persons Outside the United States
By consenting to this Privacy Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein. You agree that by using the Site, your Personal Information will be transferred to Zero My Gear servers located in the United States in connection with the purposes stated in this Privacy Policy. You understand that the laws with respect to the protection of Personal Information in the United States may not be as stringent as those in your home jurisdiction.
Security
The Site has reasonable security measures in place to protect the loss, misuse, and alteration of the Personal Information under our control. When you submit sensitive Personal Information via our Sites, such as Financial Information, that information is subject to secure sockets layer (SSL) encryption technology. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your Personal Information during transmission, we cannot ensure or warrant the security of any information you transmit to us or receive from us. We urge you to take steps to keep your Personal Information safe (including your account password and Financial Information), log out of your account after use, and close your web browser. If you do share your password or Personal Information with anyone, you are responsible for all actions taken using your User ID or account. If you lose control of your password, you may lose considerable control over your Personal Information and may be subject to legally binding actions taken on your behalf. Because of this, if the security of your password has been compromised in any way, you are responsible for immediately notifying us and for changing your password.
If you are registered User, you can review your Personal Information by logging into our Site, and you should act to update it promptly upon changes in your Personal Information or to correct any errors in it. You might not be able to alter or delete a public posting once you make it. At your request, we will close your account and make your Personal Information not publicly viewable as soon as reasonably possible, in accordance with Applicable Law.
Other Site-Related Items
Public Forums. The Site makes chat rooms, forums, and message boards available to its Users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your Personal Information. We strongly recommend that you do not post your email address or other Personal Information in our forums because this information is publicly available for anyone to see and unscrupulous third parties may use this information to form ‘spam’ lists or may otherwise misuse this information. We are not responsible for the use or misuse of information posted by you in public forums by other Users of the Site
Other Sites. The Site may contain links to the websites of third parties. We are not responsible for and have no liability for the privacy policies or practices of those websites. We recommend that you review the privacy policies of each website you visit.
Submissions. Suggestions, materials, or other intellectual property sent or transmitted to us via our Site are governed by the separate terms applicable to such materials identified at the time of submission (if any). All such Items shall be deemed to be non-confidential, and we shall have no obligation of any kind with respect to such Items and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
Acceptance of Privacy Policy
By using our Site, you signify your acceptance of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not submit any Personal Information to us through our Site.
Contact Us. If you choose to visit the Site, your visit and any dispute over privacy are subject to this Privacy Policy and our Terms of Service and Users Agreement, including limitations on damages to the extent permitted by Applicable Law, resolution of dispute procedures, and application of the law of the State of Delaware, as set forth in our Terms of Service and Users Agreement. You may review, update and modify your User Information at any time. If you have any concern about the privacy practices of the Site, please contact us at the following address with a detailed description, and we will try to resolve it.
via USPS:
Zero My Gear, LLC
ATTN: Customer Services
8 The Green, STE 4000
Dover, DE 19901via EMAIL:
cservice@zeromygear.comChanges to Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on the Site, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
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