WHY HAVE WE PREPARED THIS POLICY?
WHAT DOES THIS POLICY APPLY TO?
Unless We tell you otherwise, the Policy applies as between ZAPPAR and any person who uses the ZAPPAR App, or the ZAPPAR website. The Policy deals with Our use of any and all Information collected by Us in relation to Your use of the ZAPPAR App or the ZAPPAR website.
WHAT DOES THIS POLICY NOT APPLY TO?
WE SHOULD ALSO POINT OUT THAT THIS POLICY DOES NOT EXTEND TO ANY WEBSITES OR SERVICES OF THIRD PARTIES WHICH CAN BE ACCESSED FROM THE ZAPPAR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY LINKS WE MAY PROVIDE TO SOCIAL MEDIA SITES.
WHAT MEANS WHAT?
In this Policy certain words with a Capital letter have a particular meaning. These are listed below:
|“Content”||means any animation, documents, images, links, sound files, videos, text, or any other content or materials which are made available to the public via the ZAPPAR Services.|
|“Information”||means collectively all information that You or Your device send, submit or transmit to ZAPPAR via the ZAPPAR Services.|
|“person”||includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.|
|“Personal Data”||for the purposes of this Policy, means Information which relates to a living individual who can be identified from that Information, where that Information is collected and analysed with the intention of distinguishing one individual from another, and to take a particular action in respect of that individual.|
|“Third Party Content”||means Content which is owned or controlled by a person other than ZAPPAR including (1) content which is licensed to Us by a brand or an entertainment franchise and (2) Content which is made publicly available by users of Our ZAPCODE CREATOR service.|
|“You”, “Your”||means you, the person visiting and using the ZAPPAR Website, installing and using the ZAPPAR App, or registering as a user of ZAPPAR Services.|
|“ZAPPAR”, “We”, “Our”, “Us”||means ZAPPAR Limited a limited liability company incorporated and registered in Scotland with company number SC394617 together with its holding companies, subsidiaries and other group companies as the case may be.|
|“ZAPPAR App”||means our augmented reality interactive entertainment application for smartphones and tablets entitled ZAPPAR including all versions of that application which may be available for download from time to time from the App Store or Google Play.|
|“ZAPPAR Content”||means Content owned by ZAPPAR which We are responsible for and make available to You via the ZAPPAR Services.|
|“ZAPPAR Services”||means collectively the ZAPPAR App, the ZAPPAR Website, Our ZAPPAR POWERED products and any other applications, products or services of ZAPPAR which You may use unless excluded in the section entitled “What Does this Policy Not Apply to?”. A reference to “ZAPPAR Services” includes any and all related databases, features, functionality, plug-ins, software and web pages and with respect to ZAPPAR POWERED products, experiences and items any ZAPCODE which appears on or within that product, experience or item.|
|“ZAPPAR Website”||means the official ZAPPAR website available at www.zappar.com.|
In addition to the above defined terms, when We use the words “includes” or “including” We are not limiting Ourselves in any way and mean “includes or including without limitation”.
OWNERSHIP AND DATA CONTROLLER
The ZAPPAR Services are owned and operated by Zappar Limited, a limited liability company incorporated and registered in Scotland (company number SC394617). Our contact details are shown below in the section headed “Your Rights and How to Get in Touch”.
INFORMATION THAT WE COLLECT FROM YOU
As and when You use the ZAPPAR Services We may collect certain Information from You. Some of this Information may be Personal Data and some of the Information may be Anonymous Information. We will only use this Information in accordance with the terms of this Policy.Collection and user registration:
There are some features of the ZAPPAR Services which may require You either to (1) confirm your country and age and/or (2) register before You can access those features (e.g. BunnyMail, photo share, newsletter, Zapcode ‘upload feature’). As part of the confirmation or registration process You may be asked to provide certain Information about Yourself. This could be one or more of the following items of Personal Data:
Without limitation, We may also collect the following kinds of Information from You whether or not You register with Us:
See items (i) to (viii) below for further details of some of the circumstances in which We may collect this Information from You.
(i) Emails and other Information submitted to ZAPPAR
If You choose to email or write to ZAPPAR about the ZAPPAR Services, or You fill in the on-line Contact & Support request form available on the ZAPPAR Website, We may collect Information about You from the content of Your letter, email or other message e.g. Your name, Your email address, and what You like or dislike about ZAPPAR. If you participate in a competition or promotion, or respond to a survey or feedback request via the ZAPPAR Services then in addition to your entry or response we may collect your name, email and/or other contact details.
(ii) Use of Content:
When You use the ZAPPAR App or the ZAPPAR Website in order to use or look at Content, We will process such Information as is necessary to allow You to use the functionalities of the app and website, and to enable access to and subsequent transmissions of the Content.
(iii) User Generated Content:
Certain features of the ZAPPAR Services allow You to create, submit, post, display, transmit or share content (e.g. photos, videos, comments, messages, and other materials) on or through the ZAPPAR Services (“User Generated Content”). Such features include our augmented reality messaging service BunnyMail and any ‘upload feature’ which is attached to a Zapcode published by a third party (i.e. a person other than ZAPPAR). You may find Zapcodes printed on third party products or see them within third party services and publications. These codes enable you to access digital content on your mobile device simply by scanning (‘zapping’) the code.
In some cases zapping a Zapcode offers you the option of uploading and attaching your own content to the Zapcode. All User Generated Content is published and included within the content of the ZAPPAR App. This means that Your User Generated Content may be visible to and capable of use by other users of the ZAPPAR Services and will be stored on Our secure servers for the purposes of making the ZAPPAR Services available.
Some of Your User Generated Content may contain or depict personal details about You or other persons, e.g. audio, photos or videos featuring You or Your friends. We therefore advise You to be selective about what personal details You put into User Generated Content. We advise You not to include any of the following types of personal information in any submission to any publicly available area of the ZAPPAR Services: telephone numbers, physical addresses, full name or any other information of a sensitive nature. Be aware that if You upload personal details about or depicting other individuals (e.g. a photo of a friend), You must obtain their consent first.
Please be aware that even if You remove personal details that You posted to the ZAPPAR Services, copies may still remain viewed in cached and archived pages of the ZAPPAR Services or on another user’s device.
|IT IS ALSO IMPORTANT TO NOTE THAT YOU AND NOT ZAPPAR ARE RESPONSIBLE FOR, AND CONTROL YOUR USER GENERATED CONTENT. IF YOUR USER GENERATED CONTENT CONTAINS ANY PERSONAL INFORMATION OF OTHERS THEN YOU MAY HAVE OBLIGATIONS AS A ‘DATA CONTROLLER’ UNDER EU DATA PROTECTION LAW THAT YOU NEED TO COMPLY WITH IN ADDITION TO YOUR OBLIGATIONS SET OUT IN THIS POLICY.|
(iv) Information collected from Third Parties:
(v) Information about Your device and Your use of the ZAPPAR App:
When You use the ZAPPAR App, Our servers will automatically record information that Your mobile device sends or transmits, including the following:
We may use this Anonymous Information to analyse and optimise Your use of the ZAPPAR Services; to develop new features and functionality; or to develop new products or services which We believe may be of use to You or other users of the ZAPPAR App.
(vi) Unique device identifier
The random ID referred to in item (v) above is a unique device identifier generated by the ZAPPAR App when it is first run. The ID is random, seeded from time and does not identify You personally. The ID is used to anonymously track a person’s use of the ZAPPAR App in the following ways:
(vii) Log Data:
Our system will automatically record and store information created by your access to and use of the ZAPPAR Services, including specific actions performed by you within the ZAPPAR Services (collectively, “Log Data”). This may include information about your device, your IP Address, browser type, the pages that you visit, time spent on pages and other statistics. We use this information to better tailor the ZAPPAR Services to our users’ needs and to provide you with targeted communications that you are happy to receive from us. We may also link this automatically collected information to Personal Data (e.g. if you submit a “get in touch” request to us, or register for a ZapWorks trial). We may also add Log Data to our customer relationship management system.
We do not use any Log Data to track you outside of the ZAPPAR Services.
(viii) GPS Location Data:
ZAPPAR does not currently receive or process any GPS location data provided by You or which We receive from location service providers. We may however wish to do so in the future to tailor the ZAPPAR Services offered to users in a particular geographical location. If this becomes the case, We will only process location data for which You gave Us Your consent, including Your GPS location, which were provided by You or which We receive from GPS location service providers but only for so long as this is necessary for delivering the ZAPPAR Services and/or to the extent required as permitted by applicable law.
HOW DOES ZAPPAR USE YOUR INFORMATION?
We may also use Your Information for all or any of the following purposes:
Additionally, We may use Your Information to send You notifications and information about the ZAPPAR Services and other ZAPPAR products and services We think may be of interest to You, but only if You have given your consent. If at any time You no longer wish to be contacted for this purpose, please let Us know and We will remove You from Our mailing list. PLEASE NOTE THAT YOU MAY NOT OPT OUT OF SERVICE RELATED EMAILS AS THESE ARE NECESSARY FOR THE PERFORMANCE OF THE ZAPPAR SERVICES.
WHERE WILL YOUR INFORMATION BE PROCESSED?
We primarily use servers located in Ireland to store and process Your Information; however our server provider also uses various servers located around the world to cache data locally and speed up access to Content.
We do not transfer Your Personal Data outside the European Economic Area (EEA) except where necessary to provide the ZAPPAR Services in which case We shall take all steps reasonably necessary to ensure that Your Personal Data is adequately protected. If You use the ZAPPAR Services while You are outside the EEA, Your Information may be transferred outside the EEA in order to provide You with those services. As the ZAPPAR App is available for use internationally it is possible that any personally identifiable information contained in Your User Generated Content (e.g. Your picture) that You connect to a Zapcode using the ‘upload feature’ may when the Zapcode is zapped be automatically transferred by Our servers to a device, server or other computer equipment being used in a country outside the EEA where they have a different level of data protection. By using the ZAPPAR Services You specifically give Your consent to the transfers referred to in this section.
We may appoint third parties to carry out certain data processing on Our behalf. For example, We may appoint a third party as a payment provider; to host the ZAPPAR Services; or to administer electronic mailings on Our behalf. We will continue to be the data controller in respect of any Information transferred to such third parties and shall remain responsible for the processing undertaken by them.
WHEN MIGHT ZAPPAR SHARE YOUR INFORMATION WITH OTHERS?
WE MAY DISCLOSE YOUR INFORMATION TO OR SHARE IT WITH THE FOLLOWING:
CONTROLLING THE USE OF YOUR INFORMATION
By submitting Your Information You consent to the use of that Information as set out in this Policy. You may withdraw Your consent for ZAPPAR to process your Personal Data for direct marketing purposes at any time by notifying Us in writing (an email will suffice).
You are always free to opt-out from the future collection of Your personal information by ZAPPAR in accordance with this Policy by uninstalling the ZAPPAR App from each of your devices and discontinuing use of the ZAPPAR Services.
CHANGES OF BUSINESS OWNERSHIP AND CONTROL
ZAPPAR may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of ZAPPAR or the ZAPPAR Services. Information provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part as one of the transferred assets. The new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Information for the purposes for which it was originally supplied to ZAPPAR.
We also reserve the right to disclose anonymised user data to the prospective buyer of such business or assets.
LINKS TO NON-ZAPPAR SERVICES
The ZAPPAR Services may contain links to websites, microsites and other on-line services that are operated by third parties (i.e. businesses other than ZAPPAR) (“Third Party Services”). ZAPPAR does not control those Third Party Services and is in no way responsible for the content thereof. This Policy does not apply to Your use of any Third Party Services.
HOW DO WE KEEP YOUR INFORMATION SECURE?
Data security is of great importance to ZAPPAR. We have put in place commercially reasonable physical, electronic and managerial security measures to protect Your Information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.
Specifically We use the following measures:
Even though ZAPPAR has taken the above security measures given the nature of on-line communications We cannot 100% ensure the security of Your Information or guarantee that Your Information will not be accessed, disclosed, altered or destroyed by an unauthorised person who is determined to circumvent Our security measures.
HOW LONG DO WE KEEP YOUR INFORMATION FOR?
We will retain Your Information for the duration of Your use of the ZAPPAR Services and for a reasonable period thereafter for backup, archival and/or audit purposes or for as long as the law otherwise requires or permits. Where You have chosen to upload User Generated Content to a Zapcode of a third party We will need to store Your content on Our servers for so long as the third party wishes to have access to Your content in accordance with any legal contract You or ZAPPAR may have entered into with that party.
YOUR RIGHTS AND HOW TO GET IN TOUCH
You are entitled to see a copy of the Personal Data that ZAPPAR holds about You and You may ask Us to make any necessary changes to ensure that it is accurate and kept up to date. If You wish to do this, please contact Us using the contact information given below. We may make a small charge for this service. We may also ask You to provide reasonable proof of Your identity before We disclose any Information to You.
If You wish to exercise Your subject access right described in the previous paragraph, or if You have any other questions regarding this Policy or how ZAPPAR collects and uses Your Information, you may contact Us in writing or by email at the following addresses:Postal Address
Data Protection Officer
The Barley Mow Centre
10 Barley Mow Passage
London W4 4PH
CHILDREN’S PRIVACY AND THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
This section of the Policy applies if You are accessing any ZAPPAR Services from within the USA or any other country which requires parental consent prior to the collection of personal information from an individual under the age of 13.
ZAPPAR does not knowingly collect or solicit personal information from children under the age of 13. The ZAPPAR Services and their content are not intentionally directed at children under the age of 13 and We do not target children under 13 as Our primary audience. In the event We learn that We have inadvertently collected personal information from a child under the age of 13, and that child lives in a country which does not permit such collection without prior parental consent, We will delete that information as quickly as possible.
If a parent or legal guardian becomes aware that their child under the age of 13 has provided Us with personal information without prior parental consent, please contact Us at the address above and We will delete such information from Our files.
So as to comply with international privacy laws, We use age screens for certain features of the ZAPPAR App. We do not store any individual’s date of birth on Our system and this information is held within the user’s device.
USE OF THE ZAPPAR APP BY YOUNG CHILDREN
Parents and guardians should also be aware that the ZAPPAR Services are a general audience service and contain a wide variety of Content and experiences some of which may be of a nature unsuitable to young children. Our ZAPCODE CREATOR service allows persons to publish their content by linking it to a Zapcode and printing that code on physical materials (e.g. posters, business cards, flyers). ZAPPAR has no control over this and the ZAPCODE CREATOR is an open system which means that content published via ZAPCODE CREATOR can potentially be accessed and viewed by anyone who uses the ZAPPAR App. If you have any concerns, you may wish to monitor your child’s use of the Zappar App and ZAPPAR recommends that you do not allow your child to use the ZAPPAR App with certain materials displaying ZAPCODES. Further information about ZAPCODES can be found here: zap.works
COOKIES AND ANALYTICS
Use of Intercom Services:
We use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website(s) or use our product(s). Intercom analyzes your use of our website(s) and/or product(s) and tracks our relationship so that we can improve our service to you. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s).
Our use of Intercom causes a unique cookie ID called intercom-* to be associated with each person who accesses our website(s), which cookie ID enables Intercom to provide us with the analytics services. The duration of this cookie id determined by Intercom.
If you would like to opt out of having this information collected by or submitted to Intercom, please contact us.
As the ZAPPAR Services and the laws which apply to them will change over time, We need to reserve the right to make changes to this Policy from time to time. Any such changes to the Policy will be posted to the ZAPPAR Website or made available within the ZAPPAR App and, where appropriate, through e-mail notification. You are deemed to have accepted the wording of the amended Policy on Your first use of any ZAPPAR Services following the changes.
Irrespective of which country You reside in or submit Information from the law which applies to this Policy shall be the law of England and Wales.
LAST UPDATED: MARCH 2018