Zest Privacy Policy

Effective Date: October 21, 2024

1. Overview

This document outlines the Privacy Policy of Zest ("Zest", "we", "us", or "our"), owned and managed by Zest Sports Studio. The terms of this Privacy Policy are integrated into and governed by our Terms of Service.

This Privacy Policy applies to all websites, mobile applications, and services offered by Zest. For clarity, these are collectively referred to as "Services" or "Zest Services" throughout this policy. We ensure that links to this Privacy Policy are readily available across all applicable platforms for easy access by users.

Zest collects personal data when you access or use any of our services. We prioritize your privacy and are fully committed to safeguarding your personal information. This Privacy Policy explains how we collect, use, share, and protect your data, as well as your rights and how you can exercise them.

We do not sell or lease your personal data. We only share or disclose your information as necessary to deliver our Services or as described in this Privacy Policy.

2. Key Terms and Definitions

• Personal Data: Any information related to an identified or identifiable individual.
• Sensitive Personal Information: Categories of personal data considered highly sensitive due to the potential risk to privacy or individual rights.
• Processing: Any action performed on personal data, such as collection, use, storage, or disclosure, whether automated or not.
• Data Controller: The entity responsible for determining the purposes and means of processing personal data, ensuring compliance with data protection laws.
• Data Processor: An entity that processes personal data on behalf of the Data Controller.
• Data Subject: Any individual whose personal data is processed.
• Express Consent: A clear and voluntary agreement given by an individual for a specific purpose.
• Explicit Consent: A definitive, informed, and unambiguous statement of consent provided by an individual.

3. Privacy for Minors

If you are under the age of 18, do not use or access Zest Services at any time or in any way.

Zest is exclusively available to individuals aged 18 and above. Our services are not designed for or intended to be used by anyone under 18. Therefore, we do not knowingly collect data from minors. We take steps to verify the age of our users to ensure compliance with relevant regulations.

If it is discovered that we are processing personal data from individuals under 18, we will immediately stop and take action to delete such information.

If you suspect that a minor has provided personal data to us, please contact us at zestlive_contact@gmail.com. We will investigate and, if appropriate, remove the data from our systems.

4. Categories of Data Subjects

In compliance with applicable laws, we collect and process personal data from the following groups:

• Users: Individuals who sign up for and use our services.
• Partners: Individuals or organizations who collaborate with us for content creation, marketing, or other partnerships.

5. Consent

By using our Services, you agree to the collection and use of your personal data for the purposes outlined in this Privacy Policy. Where legally required, we will seek your express consent before collecting or processing your personal data, particularly if sensitive data is involved.

6. Types of Personal Data We Collect

We take steps to ensure the accuracy, completeness, and currency of the personal data we collect. We only collect, use, and disclose personal data that is necessary and relevant to the purposes described in this Privacy Policy. The types of personal data we collect when you use our Services include:

• Personal Data Provided by You
• Personal Data Collected Automatically
• Personal Data Obtained from Other Sources

Please note that we require certain personal data to create your account and provide our Services. If you choose not to provide this information or request its deletion, you may not be able to access some features of our Services. Below is more detail on the personal data we collect.

Personal Data Provided by You

When you sign up, update your account, use our Services, or communicate with us, you provide the following personal data:

• Account Information: When you create an account, we collect your name, date of birth, and gender.
• User Content: We collect the content you upload while using our services, such as photos, videos, live streams, biographies, and social media handles.
• Communication Data: When you contact us via email or social media, we collect your name, contact information, and any content shared through these communications.
• Additional Information: Information provided to confirm your identity or age, such as verification documents.

Personal Data Collected Automatically

We also collect certain data automatically when you use our Services:

• Log Data: Information automatically generated by your browser or device, including your IP address, browser type, access dates, times, and your interactions with our Services.
• Usage Data: Details about your interactions with our Services, including the type of content you engage with, features you use, actions taken, time zone, and geographic location.
• Device Information: Data about the device you are using, such as model, operating system, unique identifiers, and push notification tokens.
• Purchase Information: When making purchases, we collect details like order IDs, transaction amounts, and related data.
• Cookies and Similar Technologies: We use cookies and similar technologies to gather usage data. You can adjust cookie preferences via your browser settings. For more details, please see our Cookie Policy.

Personal Data Obtained from Other Sources

We may also receive personal data from trusted third parties, such as security partners for fraud prevention or marketing vendors who provide us with prospective customer information.

When you interact with us through other platforms or services, such as third-party ads, we may receive information about your activity, such as which ad you saw or which platform you were referred from.

Other users may also provide us with information about you, such as when they interact with you on our Services or file reports involving your user activity.

7. Legal Grounds for Processing

We ensure that personal data is processed lawfully, fairly, and transparently, in accordance with the relevant laws and for the purposes outlined in this Privacy Policy. The legal bases for processing your personal data include:

• Consent: We process your data based on your freely given, specific, and informed consent. You can withdraw your consent at any time through your account settings, device permissions, or by contacting us at zestlive_contact@gmail.com.
• Contractual Necessity: We process personal data as necessary to fulfill our contractual obligations to you, such as creating your account or providing customer support.
• Legal Obligations: We may be required to use or disclose personal data to comply with legal requirements, such as court orders or regulations.
• Legitimate Interests: In certain situations, we process your data based on our legitimate business interests, provided that these interests do not override your rights or freedoms. This may include providing a safe user experience, preventing misuse, or improving our services.

8. Data Minimization

We strictly follow the principle of data minimization, meaning that we only collect the personal data necessary to fulfill the purposes outlined in this Privacy Policy.

9. How We Use Your Personal Data

We obtain and use your personal data through legitimate and transparent means for various reasons. These reasons are communicated to you at the time of collection or outlined in this Privacy Policy. We ensure that the personal data we collect is adequate, relevant, and limited to the extent necessary to achieve the following objectives:

• To provide, operate, maintain, and analyze our Services;
• To enhance and improve our Services, and conduct research;
• To communicate with you, including sending updates or marketing materials regarding our Services;
• To develop new programs and services;
• To process transactions and communicate related information;
• To personalize your experience and offer tailored content;
• To facilitate business transfers;
• To prevent fraud, criminal activities, or the misuse of our Services, and ensure the security of our systems and Services;
• To comply with legal obligations and safeguard the rights, privacy, safety, and property of our users, our company, our affiliates, or third parties.

10. Aggregated or De-Identified Information

We may aggregate, de-identify, or anonymize your personal data so that it can no longer be used to identify you personally. We utilize this information to evaluate the performance of our Services, improve features, conduct research, and for similar purposes. Occasionally, we may share or disclose aggregated data, such as overall user statistics, with third parties. We collect this information using our Services, cookies, and other methods described in this Privacy Policy. The anonymized data will remain in this form, and we will not attempt to re-identify it unless legally required.

11. Data Sharing and Disclosure

There may be circumstances in which we share or disclose your personal data to third parties without notifying you further, except as required by law. We ensure that all third-party recipients are bound by data protection obligations. We may disclose your personal data for various reasons under the following circumstances:

• Vendors and Service Providers: To support our business operations and perform specific services, we may share your personal data with service providers, such as hosting providers, customer service vendors, cloud computing services, email communication tools, web analytics providers, and IT providers. These entities will only access, process, or store personal data as necessary to perform their services for us.
• Business Transfers: In cases of mergers, acquisitions, reorganization, or if the company transitions to another service provider (collectively referred to as a "Transaction"), your personal data may be disclosed to parties involved in the diligence process and transferred to the successor as part of the transaction, along with other company assets. Any successor entity would be required to comply with the terms of this Privacy Policy.
• Legal Compliance: We may disclose your personal data, including your interactions with our Services, to governmental agencies, industry peers, or other third parties if required by law, to protect our rights or property, to address legal violations, to detect or prevent fraud or illegal activity, or to ensure the safety and integrity of our users, employees, and products.
• Other Users and Third Parties: Some features of our Services allow you to share data with other users or third parties. For example, you may share live stream links or send information through third-party platforms. You are responsible for ensuring that you trust the recipient of any shared information.
• With Your Consent: We may share your personal data if you have provided explicit consent for us to do so.

12. Data Retention

We will retain your personal data only as long as necessary to fulfill the purposes for which it was collected or as required by law. The duration of data retention is determined by several factors, such as:

• The reason we are processing the data (for instance, if we need to retain it to provide our Services);
• The type, nature, and sensitivity of the data;
• The potential risks associated with unauthorized disclosure or use of the data; and
• Any legal obligations we are subject to. Once the retention period has expired, we will securely delete or anonymize your personal data.

13. Data Security Measures

We implement a comprehensive security program, including encryption, secure authentication protocols, access controls, and regular security audits, to protect your personal data. Our technical, physical, and organizational measures ensure that your data remains confidential, intact, and available, safeguarding it from unauthorized access, processing, or destruction. We regularly review these measures to incorporate the latest technological advances.

That said, no data transmission over the internet can be guaranteed as entirely secure. Therefore, you should take extra precautions when transmitting sensitive information via our Services or email. We cannot guarantee the security of any data sent to us and any transmission is at your own risk. Furthermore, we are not responsible for the circumvention of privacy settings or security features on our Services or third-party sites.

14. Privacy Impact Assessments (PIA)

When required by law, we will conduct Privacy Impact Assessments (PIAs) before implementing new systems, technologies, or processes that involve the collection, use, or disclosure of personal data. Additionally, we conduct PIAs when making significant changes to existing systems or processes that may impact users' privacy.

15. Data Protection Impact Assessments (DPIA)

If required by law, we will conduct Data Protection Impact Assessments (DPIAs) to assess and reduce the risks associated with processing personal data, particularly when such processing is likely to pose a high risk to individuals' privacy and rights.

16. Data Subject Rights

Depending on your local laws and jurisdiction, you may be entitled to certain rights concerning your personal data. These may include:

• Right to Be Informed: The right to know about the collection and use of your personal data.
• Right to Access: The right to request access to your personal data and understand how it is processed.
• Right to Rectify: The right to request corrections or updates to inaccurate or incomplete personal data.
• Right to Erasure: The right to request the deletion of your personal data from our records and systems.
• Right to Restrict Processing: The right to limit how we process your personal data.
• Right to Object: The right to object to the processing of your personal data.
• Right to Data Portability: The right to obtain, transfer, and reuse your personal data across different services.
• Right to Consent: The right to give or withhold consent for the collection and use of your data unless otherwise permitted or required by law.
• Right to Withdraw Consent: The right to withdraw your consent at any time when it is the legal basis for processing your personal data.
• Right to Opt-Out: The right to opt out of the sale of your personal data or its processing for targeted advertising purposes.
• Right to Be Free from Discrimination: The right not to be discriminated against for exercising your privacy rights.
• Right Against Automated Decision Making: The right to not be subject to decisions based solely on automated processing, including profiling, that has a significant legal effect on you.
• Right to Stop Processing: The right to request that we stop using your personal data.
• Right to File a Complaint: The right to lodge a complaint with your local data protection authority.

17. Exercising Your Rights
To ensure the security of your personal data against unauthorized access, alteration, or deletion, we may ask you to verify your identity before processing your request. If you don't have an account with us or we suspect potential fraudulent or malicious behavior, we may request additional personal information or proof of residency for verification. If we cannot confirm your identity, we may not be able to fulfill your request.

You will not be subject to any discrimination for exercising your rights. Generally, you won't be charged for submitting a request. We aim to respond to requests within thirty (30) days, or as required by law.

18. International Data Transfers and Storage
If you reside within the EU, EEA, Switzerland, or the UK, your personal data may be transferred to countries outside your region that may not offer the same level of data protection as your home jurisdiction. Nevertheless, we will only transfer your data in compliance with applicable data protection laws. For transfers outside the EU, EEA, Switzerland, or the UK, we rely on the European Commission's Adequacy Decisions, or in cases where this is not available, Standard Contractual Clauses, or other valid mechanisms such as Binding Corporate Rules.

19. Links to External Services and Websites
Our Services may contain links to third-party websites or services that are not operated or controlled by Zest Sports Studio, including social media platforms (collectively referred to as "Third-Party Sites"). When you engage with these Third-Party Sites, your information will be governed by their respective privacy policies and terms, not this Privacy Policy. The inclusion of these links does not imply our endorsement or review of these sites. For further details regarding their privacy practices, please contact them directly.

20. Automated Decision-Making and Profiling
We do not engage in automated decision-making or profiling that has legal or similarly significant effects on you.

21. Data Breach Notification
If a data breach occurs, we will promptly inform affected users and relevant regulatory authorities as required by law. We will provide enough information to help you take protective actions to mitigate any potential impacts.

22. Updates to This Privacy Policy
We may revise this Privacy Policy occasionally. When changes are made, we will post the updated policy on this page, along with the effective date. If any further notice is required by law, we will provide it accordingly. Your continued use of our Services following any updates signifies your acceptance of the revised policy.