Privacy Policy

Our Commitment to You

Introduction

Zoot Enterprises, Inc. (“Zoot Enterprises”, “we” or “us”) is serious about protecting individuals’ privacy and maintaining the security and privacy of personal information. This notice (this “Privacy Policy”) describes what information we collect about individuals, how we collect it, how we use it, with whom we may share it, and what choices you have regarding information we collect from you. This Privacy Policy applies to information that we collect on our Web site (https://zootsolutions.com, or any replacement site, the “Site”) and describes our privacy practices with respect to other personal information that we process on behalf of our business partners. We encourage you to become familiar with the terms and conditions of this Privacy Policy. By accessing and using the Site, you acknowledge and agree that you have read and understand this Privacy Policy and you accept and consent to the privacy practices (and any uses and disclosures of information) regarding the Site that are described in this Privacy Policy. If you are a California resident, you may have additional rights that are explained here: https://zootsolutions.com/privacy-policy/california-resident-privacy-policy/

Zoot Enterprises relies on certain mechanisms for data transfers from the EU to the U.S., such as the European Commission’s most recent Standard Contractual Clauses and specific guarantees regarding the technical and organizational measures Zoot Enterprises employs to ensure the security of personal data during processing.

Information We Collect

Certain aspects of the Site may allow you to submit information to us or to request information from us. For example, if you choose to subscribe to our blog or request white papers, brochures, or other information from us through the Site, you may be required to submit information about yourself to us (such as your name, contact information, company, role or position, and possibly other information). You may also choose to contact us and provide us with information about yourself. While we will use any such personal information about you only as described in this Privacy Policy, you should be mindful of the information that you choose to provide to us, and you should make sure that any information that you do provide is complete, truthful, and accurate. Please do not share personal or individually-identifiable information with us about anyone other than yourself, or make requests on behalf of others, on or through the Site, unless you have obtained all appropriate authorization to do so from the applicable third parties.

We may retain the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the subject matter or the mode of communication by which such correspondence is made. This information helps us to improve our capabilities, products, and services, as well as the Site and the content, materials, and opportunities that we feature or describe on the Site, and to more effectively and efficiently respond to inquiries.

Some areas or portions of the Site may allow or require you to create or use a user name and password. In such a case, it is your responsibility to choose a secure password and to maintain the confidentiality of your user name and password.

As with many other Web sites, the Web servers used to operate the Site may automatically collect some information about Site users as they browse the Site. The data collected by our Web servers includes “clickstream” data, such as the domain name of your Internet service provider, the Internet protocol (“IP”) address assigned to the computer by which you are connected to the Internet, the name and version of your Web browser, your computer’s operating system and platform, the amount of time you spend on the Site, pages viewed on the Site, information that you search for on the Site, and other relevant statistics regarding your use of the Site. In some cases, this information may possibly personally identify you, or we may combine this information with other sources of information so as to personally identify you. However, we collect and use this information only for our internal business purposes, such as facilitating Site operation and system administration, performing problem diagnosis and resolution, monitoring and analyzing Site traffic and usage patterns, generating aggregated statistical or demographic information that is not personally identifiable, and improving content and content delivery with regard to the Site and the materials, opportunities, and services that we describe or make available on the Site.

The Site may also use “cookies” (small files stored on the hard drive of your computer) to help track and customize your access to and use of the Site. Cookies store and retain information (such as, for example, a unique numeric code for each visitor) that helps us recognize a particular user when he or she returns to the Site following a previous visit and allows us to better tailor the Site to individual users’ needs. Most popular Internet browsers have options that allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, limit the range of features accessible to you on the Site and prevent you from taking full advantage of the materials, products, and services that we make available on the Site. Our policy is not to store unencrypted personally or individually identifiable information in cookies.

As part of our business, we process information about individuals that is provided to us through contractual relationships with our business partners and certain third-party data providers. This may include information such as names, addresses, other contact information, social security numbers, financial account numbers, and various credit-related data. We are subject to stringent contractual obligations regarding the use and safeguarding of such information, and we use industry standard precautions and data security measures to maintain the confidentiality, security, and integrity of such information while it is in our possession or control.

How We Use Information We Collect

Zoot Enterprises uses the information we collect on or through the Site in a limited number of ways. We may use, disclose, and keep on file any information that you submit or provide to us through or in connection with the Site, as necessary and appropriate to respond or communicate with you, to provide you with the information, products, and services that you request, or as otherwise necessary to fulfill the purpose for which any given information was provided. For example, if you subscribe to our blog, we will use your email address to provide blog postings and updates to you. If you request information or materials from us about our products or services, we may use the information that you provide to contact you and to deliver the requested materials to you. However, we will not use, disclose, sell, lease, or license personally or individually identifiable information that you provide or we collect from you through the Site for marketing purposes or for any other purposes besides those described in this Privacy Policy or as otherwise required by law.

We may use the information that we collect on or through the Site to analyze and improve the content, features, materials, and opportunities that we make available on the Site, to evaluate your needs and customize the Site content delivered to you according to those needs, to send you promotional materials that you request from us, and for other legitimate and lawful business purposes. If you contact us for support or assistance in connection with using the Site, we may use information about you or your system for purposes such as verifying whether your system meets the minimum requirements needed to use the Site and any capabilities or functionality that we make available on the Site. In addition, we may use information that we collect or obtain about you on or through the Site to, from time to time, send you announcements, updates, newsletters, and notices about the Site, our services, and special promotions and offers.

We use any personal information that we obtain about individuals through our contractual relationships with business partners and third-party data providers only as necessary and appropriate to provide or improve our products and services or to otherwise fulfill our contractual obligations to the applicable third parties and as otherwise required by law.

With Whom Do We Share Information We Collect?

In addition to any uses or disclosures described above, we may, in the course of conducting our business and providing you with any information, materials, and services that you request on or through the Site, share certain personal or individually-identifiable information that we collect or that you submit to us through the Site, whether solicited or unsolicited, to the trusted business partners and service providers that we utilize in operating, maintaining, and further developing the Site and in delivering the content and materials that we make available through the Site. We share such information only to the extent necessary and appropriate for the purposes for which the information was collected or submitted (such as, for example, as necessary for purposes of communicating with you and fulfilling your requests, and for purposes of hosting the Site). We provide our business partners and service providers with only such information as is necessary to complete their duties, and we require our business partners and service providers to be subject to obligations of confidentiality and to use and disclose personal information only for the purposes described in this Privacy Policy. In such cases, Zoot Enterprises retains the responsibility for the processing of the information we receive from you.

We may share aggregated information that does not personally identify any individuals with our marketing and other business partners, in order to provide more targeted advertising, products, and services. We may also produce reports on Site traffic or usage patterns and share these reports with our business partners and others, but the information contained in these reports is also anonymous and does not allow identification of individuals. Other than as expressly provided in this Privacy Policy, any personal information that we obtain on or through the Site will not be shared with third parties in a manner that identifies or is attributable to any particular individual.

We may disclose information (including personal and individually identifiable information) about you or in connection with your use of the Site if we become subject to a subpoena or court order or if we are otherwise legally required to disclose such information. We may also use and disclose information about you or in connection with your use of the Site to establish, exercise, enforce, or protect our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

As we continue to grow and develop our business, it is possible that our organizational structure might change, that we might merge or otherwise combine with another company, or that we, or portions of our business, might be acquired by another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be, one of the transferred business assets.

We share and disclose personal information that we obtain about individuals through our contractual relationships with business partners and third-party data providers only as necessary and appropriate to provide and improve our products and services or to fulfill our contractual obligations to the applicable third parties and as otherwise required by law.

What Choices Do You Have?

If you choose to request information, materials, or services from us, whether through the Site or otherwise, we obviously will need certain information about you (generally including your name and your relevant contact information) to fulfill your request. Otherwise, when corresponding with us, or interacting with us in other ways in connection with the Site, you choose what information to supply, what questions to pose and comments to make, whether you wish to receive further information, and how information should be delivered to you. In all of these cases, please take care to share only such information as you believe is appropriate and for which you have all appropriate consent and authorization, and please make sure that any information you submit or provide to us is complete, truthful, and accurate.

Opt Out

You have the right to opt out of (a) disclosures of your personal information to third parties not identified at the time of collection or subsequently authorized and (b) uses of personal information for purposes materially different than those disclosed at the time of collection or subsequently authorized. We will honor any request to opt-out of such communications within a reasonable period of time after receiving it. We will also update or correct (or provide you with the ability to update or correct) information about you that we collect or that you submit to us on or through the Site within a reasonable time after you notify us of the need for the update or correction (e.g., if you have subscribed to our blog and notify us of a change in your email address, we will update your email address so that you may continue to receive blog postings and updates). We will also remove your personal information from any other of our contact databases upon your request.

You must be over 14 years old to use the Site and our services. If you are not over age 14, do not continue to use the Site, except through and with the consent of your parent or guardian.

Our use and disclosure of personal information that we obtain about individuals through contractual relationships with business partners and third-party data providers is governed by those contracts. We cannot and will not update or provide access to such information except as required by such contracts or as otherwise required by law. Individuals may have rights of access or update regarding information about themselves with our applicable business partners, through relationships directly between the individuals and those business partners.

How Do We Protect Information Collected About You?

Zoot Enterprises uses industry standard, commercially reasonable measures and technology to secure and protect information stored on, or transmitted through, the Site (e.g., we utilize up-to-date firewall and anti-virus scanning technology on the Site). However, we cannot and do not guarantee that our systems, or that any such transmissions or information, will be totally secure. Unencrypted Internet communications are not secure, and no security measures are impenetrable. Please notify us immediately of any breach of Site security, or of this Privacy Policy, of which you become aware.

Consistent with our applicable contractual and legal obligations, we also use industry standard, commercially reasonable measures and technology to secure and protect information in our possession or control that we obtain about individuals through our contractual relationships with business partners and third-party data providers. Zoot Enterprises maintains and adheres to a strong information security policy. With regard to personal information that Zoot Enterprises processes on behalf of its business partners, we maintain compliance with the Payment Card Industry Data Security Standard (“PCI DSS”) requirements for PCI compliance level 1 merchants, and we have an independent third party conduct an SSAE 16 (or equivalent) audit of our relevant operations each year.

Changes to this Privacy Policy

From time to time, we may change our privacy practices, and this Privacy Policy, because of changes in our business or services, in relevant and applicable legal or regulatory requirements, or in our attempts to better serve the needs of our customers and business partners. In the event of any changes to our privacy practices, a revised version of this Privacy Policy will be posted on the Site (and such changes will become effective upon posting of the revised version of this Privacy Policy, unless otherwise indicated therein). Your continued use of the Site after a revised version of this Privacy Policy is posted signifies your acceptance of the revised policy.

Our obligations regarding personal information that we obtain about individuals through contractual relationships with business partners and third-party data providers may change as those contracts are amended and supplemented over time and as applicable laws and regulations change. Our business partners may be required to provide individuals with whom they have relationships with notice of changes to their privacy practices.

Linked Sites

For your convenience, some hyperlinks may be posted on the Site that link to other Web sites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those sites or of any companies that we do not own or control. We encourage you to seek out and read the privacy policy of each Web site that you visit. In addition, if you submit information to or through, or otherwise initiate a transaction on, a Web site that our Site links to, even if you reached that site through our Site, the information that you submit becomes subject to the privacy practices of the operator of that linked site. You should read that site’s privacy policies to understand how personal information that is collected on that site is used and protected.

Resolving Complaints

Zoot Enterprises commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our privacy and security practices, or who wish to exercise their rights of access or rectification, should first contact Zoot Enterprises at: compliance@zootweb.com

We suggest you put in the subject line of any email or communication “Privacy Complaint.” If you do not receive acknowledgment of your complaint from us within 45 days, or if we have not addressed your complaint to your satisfaction, there are two escalating options. (1) You may contact or visit our third party dispute resolution provider JAMS, at www.jamsadr.com, for more information or to file a complaint. The services of JAMS are provided at no cost to you. (2) If you still believe that your complaint or dispute has not be resolved under clause (1), you can invoke binding arbitration as a last resort (if permitted with respect to your complaint), by providing notice directly to us. Your Notice must contain a summary of steps taken to resolve your claim, a description of the alleged violation, and, if you so choose, any supporting documents, materials, and/or discussion of law relating to the claim.

An arbitrator will be selected by mutual agreement of the parties, chosen on the basis of independence, integrity, and expertise. Arbitrators: (1) must not be subject to any instructions from, or be affiliated with, either party or any government authority, public authority, or enforcement authority; and (2) be admitted to practice law in the U.S. with expertise in U.S. privacy law and E.U. data protection law. The location of the arbitration will be in the United States. You may choose video or telephone participation, which will be provided at no cost to you. In-person participation will not be required. To the maximum extent permitted by applicable law, you will not be entitled to recover attorneys’ or arbitration fees, even if you would otherwise be entitled to them.

Your decision to invoke this binding arbitration option is entirely voluntary. Arbitral decisions will be binding on all parties to the arbitration. Once invoked, you will forego the option to seek relief for the same claimed violation in another forum, except that if non-monetary equitable relief does not fully remedy the claimed violation, your invocation of arbitration will not preclude a claim for damages that is otherwise available in the courts.

The binding arbitration option may not be invoked if your claim is based on facts that (1) have previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which you were a party; or (3) was previously settled. This option may not be invoked if an EU Data Protection Authority has the authority to resolve the claimed violation directly with us.

If you believe your data has been improperly collected, mismanaged, or if you are not satisfied with the resolution of any claim by Zoot Enterprises, you also have the right to lodge a complaint with a supervisory authority.

How to Contact Us

If you have any questions or comments concerning this Privacy Policy, our privacy practices, or any other questions about Zoot Enterprises, the Site, or our products and services, please contact us at the numbers or addresses given below.

Zoot Enterprises, Inc.
Attn: Zoot Enterprises Legal Department
555 Zoot Enterprises Lane
Bozeman, MT 59718
Phone: 406-586-5050
Fax: 406-587-8414
Email: compliance@zootweb.com

Last updated on March 23, 2022