This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. ZIRO, LLC respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy.

This Privacy Policy (“Policy”) covers ZIRO, LLC owned and operated websites (“Sites”), our mobile websites (“mobile websites”), and any services offered by ZIRO, LLC (“Services”). ZIRO, LLC refers to ZIRO, LLC and its subsidiaries and affiliated entities (“We/US”). These companies engage in a number of businesses, including event production, entertainment services, motion pictures and animations, consumer products and interactive services.

This Privacy Policy is incorporated into, and is part of, our Terms of Use, which govern your access to the Site and your use of the Site and/or Services. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

We use your Personal Information for providing and improving the Services. By using the Services and/or Sites, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use. This Policy describes the types of information we gather from people visiting our Sites and from individual users (“you” or “users”) interacting with the Services, and how we use, transfer, and secure such information.

TYPES OF INFORMATION WE COLLECT AND USE

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. “Personally Identifiable Information” is information that you voluntarily provide that can be used to identify you and may include, but is not limited to, your email address, name, phone number, postal address; and if you transact business with us, financial information, your likeness, and other information.

Additionally, we may request information about your interests and activities, your gender and age, and other demographic information.

We do not control your use of our Sites and Services to share Personal Information with others. If you chose to share information publicly through our website, mobile website or services, please understand that we cannot control the actions of third parties who could collect this information.

When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world. We use the information we collect from our services to provide, maintain, protect and improve them, to develop new ones, and to protect ZIRO, LLC and our users.

COLLECTION AND USE OF PERSONAL INFORMATION

We may collect, hold, use and disclose personal information for the
following purposes:
· to enable you to access and use our services, sites or the services of our customers, including storing it;
· to contact and communicate with you, provide customer support and manage your account;
· to perform research and analysis about your use of or interest in our Services, content or products or content offered by others;
to enforce our terms and conditions;
for internal record keeping and administrative purposes; and
· to comply with our legal obligations and resolve any disputes that we may have.

DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We may disclose or share your personally identifiable information to:

· Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. Third party service providers may be used for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
· courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
· third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia including in in the U.S.A.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.

Where we disclose your personal information to third parties, including data processors, we will request or ensure that the third party handle your personal information in accordance with this Privacy Policy. The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who are outside Australia and, if you are a European Union (EU) citizen, to third parties that are outside the EU. Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

INFORMATION ABOUT OTHERS

We may also collect and store personal information about other people that you provide to us. If you use our website to send others (friends, relatives, colleagues, etc.) a product as a gift, information that may interest them or messages (such as invitations) through our system, we may store your personal information, and the personal information of each such recipient. Similarly, if you use our website to upload, share and/or distribute content (including videos, comments or other submissions), and such content contains personal information about others, such information may be stored in order to allow for such uploading, sharing and/or distribution.

LOG DATA

We collect information that your browser sends whenever you or your users visit or use our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.

COOKIES AND WEB BEACONS

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behavior and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use cookies on our Site from time to time. We may use web beacons on our Site from time to time. We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see https://www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

COMMUNICATIONS

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

YOUR CONTROLS AND CHOICES

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your controls and choices may include:
· Choosing or changing your choices for subscriptions, newsletters, and alerts;
· Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;
· Choosing whether we share you personal information with other companies so they can send you offers and promotions about their products and services;
· Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers;
· Choosing to control targeted advertising you receive within applications by using the settings and choices made available to you through your device(s), for example, by re-setting your device’s advertising identifier and/or opting out of interest based ads;
· Requesting removal of your personal information from a public forum on one of our sites or applications; and/or
· Requesting access to the personal information we hold about you and that we amend or delete it.

Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate. If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact at info@electricbare.com

OUR RESPONSIBILITIES AS A ‘PROCESSOR’ UNDER THE GDPR

Where we are a processor, we have contracts containing certain prescribed terms in our contracts with controllers, including:
· not to use a sub-processor without the prior written authorization of the data controller;
· to co-operate with supervisory authorities;
· to ensure the security of its processing;
· to keep records of processing activities;
· to notify any personal data breaches to the data controller; and
· to employ a data protection officer and appoint (in writing) a representative within the European Union if required by the GDPR.

YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Complaints: If you believe that we have breached the Australian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.

VISITORS THAT RESIDE OUTSIDE THE UNITED STATES

ZIRO, LLC provides its Sites and Services for the purpose of creating an enjoyable experience for its customers within the United States. The laws governing the collection and use of information within the United States may be different from the laws of your country. If you decide to use our Site or Services, or share your Personal Information with ZIRO, LLC, you are agreeing to be governed by the laws of the United States as appropriate, and you are expressly consenting to the transfer of your data to the United States.

CHILDREN AND PRIVACY

We do not knowingly collect Personal Information from children in connection with the features of our Sites or Services without the consent of a parent or guardian. If we become aware that an individual under the age of 13 has provided personally identifiable information through our Sites or Services, we will immediately remove the individual’s personally identifiable information from our files.

If you are using our Site or Services on behalf of a child under the age of 13, including purchasing a Pass for a child under the age of 13, you must either be that child’s parent or guardian, or have the permission of that child’s parent or guardian, to supply the required information.

STORAGE AND SECURITY

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymization and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

The security of your use of a ZIRO, LLC mobile website relies on your protection of your mobile device. You may not share your instance of the mobile website with anyone. If you believe that an unauthorized access to your instance of the mobile website has occurred please report it immediately to info@electricbare.com. You must promptly notify us if you become aware that any information provided by or submitted to the mobile website is lost, stolen, or used without permission.

We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on a ZIRO, LLC website, or mobile website interface.

Any email or other communication purporting to be from one of our websites requesting your password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by emailing info@electricbare.com.

We will retain your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

LINKS TO OTHER WEBSITES

Our Sites may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

WILL ZIRO, LLC CHANGE THIS PRIVACY POLICY?

We may, at any time and at our discretion, vary this Privacy Policy. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

GOVERNING LAW

This Policy is governed by the laws of San Francisco, California.

INTELLECTUAL PROPERTY NOTICE

All trademarks, service marks, and other proprietary materials herein are the property of ZIRO, LLC and their respective owners. All rights reserved.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us at info@electricbare.com.

Agreement

By signing up to be an Affiliate in the Electric Bare Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Electric Bare reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

• You must be 18 years or older to be part of this Program.
• You must live in the United States to be an Affiliate.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted.
• You are responsible for maintaining the security of your account and password. ZIRO, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one account.
• You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You may not use the Affiliate Program to earn money on your own Electric Bare product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Electric Bare. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Electric Bare. You must ensure that each of the links between your site and the Electric Bare properly utilizes such special link formats. Links to the Electric Bare placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Electric Bare product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://electricbare.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as aN Electric Bare Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Electric Bare or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://electricbare.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Electric Bare reserves the right to end the Program at any time. Upon program termination, Electric Bare will pay any outstanding earnings accrued above $20.

Termination

Electric Bare, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Electric Bare service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Electric Bare reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Electric Bare will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Electric Bare to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Electric Bare and govern your use of the Service, superseding any prior agreements between you and Electric Bare (including, but not limited to, any prior versions of the Terms of Service).