Privacy Policy

Effective Date: February 12, 2018


1. Introduction.

The www.getzephyr.com website is operated by D Software Inc. (“we” or “us” or “Zephyr”). This Privacy Policy applies to the www.getzephyr.com website and to any other website offered by us that references or links to this Privacy Policy (collectively, the “Site”) and to any software offered by Zephyr (the “Service”). This Privacy Policy does not alter the terms of any other agreement that you may have with us, such as an End User License Agreement. Your use of the Site or the Service constitutes your acceptance of this Privacy Policy. If you disagree with any portion of this Privacy Policy, your sole remedy is to immediately discontinue using the Site and the Service. Along with this Privacy Policy, please read our Terms of Use, which are hereby incorporated and made part of this Privacy Policy.

This Privacy Policy informs you of our policies regarding the collection, use and disclosure of information, including personal information (defined below) when you use our Site and our Service. It also explains your choices regarding our use of your personal information and how you can access and update this information.

2. Information We Collect.

Personal Information

“Personal information” is data that can be used to uniquely identify or contact an individual. Personal information we collect includes your full name, login name, email address, company name, company and user’s location/region, ip address, domain name, browser information, operating system, phone number, and/or banking and/or credit card information for collection purposes. For example, when you sign up to the Site or the Service or when you subscribe to our newsletter on the Site, we collect personal information you provide, such as your first name, last name and email address. We may also collect personal information when you participate in blogs, forums or other features on the Site, such as by posting questions or comments to “Ask the Community.” You may be asked to provide personal information in order to view, access and/or download certain documentation from the Site or to access and use the Service. We may use links throughout the Site to provide you with an opportunity to contact us via email to ask questions, request information and materials, or provide comments and suggestions. You may also be offered the opportunity for one of our representatives to contact you personally to provide additional information about the Site or the Service.

Non-personal Information

“Non-personal information” includes information about how the Site and Service are accessed and used, such as how many people visit the Site, the type of browser or operating system visitors use to access the Site or Service, internet protocol (“IP”) address used to connect your computer to the internet, the name of the internet service provider, device type used to access the Site (i.e., computer or mobile device), geographic data, the full Uniform Resource Locator (“URL”) click path taken to, through and from the Site, including date and time, and use of features or applications on the Site or the Service.

Technologies we use on the Site and the Service to collect non-personal information may include cookies (data files with a small amount of data, which may include an anonymous unique identifier), mobile analytics software, and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser. A session is the period of active Site-use or Service-use during which that unique visitor is linked to our server. When you use and access the Site or the Service, we place a number of cookies files in your web browser. We use both session and persistent cookies on the Site and the Service, and we use essential cookies and analytics cookies. We use essential cookies to authenticate users and prevent fraudulent use of user accounts. We use analytics cookies to track information how the Site and the Service are used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Site or the Service to see how our users react to them. In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Site and the Service, deliver advertisements on and through the Site and the Service, and provide other information to us. A pixel tag may tell your browser to get content from another server. If you would like to delete cookies or instruct your web browser to delete or refuse cookies, see Section 7 below regarding your choices.

3. Information We Receive From Third Parties.

We may also receive information about you (including personal information) from third parties, including our third-party service providers. For example, if you are on another website and you opt-in to receive information about us that website will forward us your email address and other information about you so that we may contact you as requested. We may combine the information we receive from third parties with information we collect through the Site. In those cases, we will continue to apply this Privacy Policy to any personal information received pursuant to this Privacy Policy unless we have disclosed otherwise.

Zephyr also uses analytics services that provide us with certain information when you use the Site and the Service, such as IP address, MAC (“Media Access Control”) address or other unique identifier for the device you use to access the Site and other information to gather operational and marketing data about our online visitors’ usage for our business purposes.

4. How We Use Your Information.

We collect, receive and use your personal information for a variety of business purposes, including to communicate with you and respond to your requests, to provide the products and services that you request, to communicate with you about our products and services, to fulfill and complete your transactions, to provide you with information about the Site and the Service, to send out emails, surveys or newsletters, to manage complaints, feedback and other questions, to comply with applicable laws and regulatory obligations, and to do all things necessary to administer, protect, improve and manage the Site and the Service. We use non-personal information to help us improve and customize the Site and the Service. We, or our service providers, may place cookies or similar files on your computer or other devices used to access the Site or the Service for security purposes, to facilitate navigation, and to personalize your experience while visiting the Site.

5. How We Share with Others.

We may use or disclose your personal information and other information we collect to affiliates or subsidiaries that require access to your personal information for business purposes. We may use or disclose your personal information to our affiliates, subsidiaries and service providers in certain promotional and marketing programs, to protect the security and integrity of the Site, to correct technical problems and malfunctions on the Site and the Service, to technically process your information, to provide services or to take precautions against liability. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.

You understand that personal information that you post in public areas of the Site (such as on any blog or forum) can be read, collected, or used by other users of the Site, and could be used to send you unsolicited messages. You are encouraged to exercise caution when posting personal information about yourself in public areas of the Site.

We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us, this Privacy Policy or our Terms of Use.

6. Do Not Track Requests; Third Party Tracking.

We do not presently have the capability to omit you from usage analytics to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without action on our part. Third parties, other than our service providers (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Site or the Service. That said, we cannot control third-party tracking, and there may be some third-party tracking that occurs without our knowledge or consent.

7. Your Choices; Opt-Out; Updating or Changing Information.

To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions from your browser. If you do disable or opt out of receiving cookies, please be aware that some features on the Site or the Service may not work as intended and you may not have access to all of the features and services we may offer, you may not be able to store your preferences, and some of our pages might not display correctly.

If you no longer wish to receive our promotional communications, contact us by email at webmaster@getzephyr.com to be removed from our lists. Be sure to include any contact information you want removed from our promotional contact list, including phone numbers and email addresses (if you use more than one email address, send your opt-out email from each of your email addresses). If you receive any online newsletter or similar promotional email communications from us, you will always be given the option to “unsubscribe” from receiving future email communications from us at any time. Your option not to receive promotional and marketing material from us will not preclude us from corresponding with you, by email or otherwise, regarding your existing or past business relationships with us (e.g., responses to requests for information you pose to us either through the Site or by other means), and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving the Site and the Service. Please note that if you opt-out as described above, we will not be able to remove your personal information from the databases of third parties with whom we have already shared your personal information (i.e., to those to whom we have already provided your personal information as of the date on which we respond to your opt-out request).  

You may correct, update or delete/deactivate your personal information at any time by sending us an email at webmaster@getzephyr.com. We may not be able to correct or update your information previously provided to us by third parties. Note that if you have a separate agreement with us, you should also check the notice provisions in that agreement and update us with any contact information changes according to the notice provisions in that agreement. Notifying webmaster@getzephyr.com of any personal information changes will not serve as notice under any separate agreement you may have with us.

8. Third Party Links.

The Site or the Service may contain links to third-party websites that are not controlled by us. These links are made available to you as a convenience, and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy practices or content of such third-party websites. Our Privacy Policy only applies to information we collect from you while you are on the Site or using the Service. If you navigate to a third-party website from the Site or the Service, we strongly encourage you to review and become familiar with that third-party website’s own privacy policy and statements.

9. Security.

We take reasonable security precautions, including physical, electronic and managerial procedures, to protect the personal information that you choose to provide to us. Although guaranteed security does not exist on the internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws. Due to the design of the internet and other factors outside of our control, we cannot guarantee communications between you and our servers will be free from unauthorized access by third parties.

10. Children.

The Site and the Service are intended for adults and are not intended for use by children in the under the age of 18 (or the age of majority in your state, if higher), and we do not knowingly collect personal information from children. If we learn that we have collected personal information of any such individual, we will take steps to delete such information as soon as possible. If you are under the age of 18 (or the age of majority in your state, if higher), please do not provide any personal information to us.

11. Your California Privacy Rights.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third parties and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. We do not share any personal information with third parties for direct marketing purposes by such parties. If you have any questions, comments or requests related to this Section 11, please contact us by email at webmaster@getzephyr.com, with the subject line: “CA Privacy Requests.” A number of states are considering enacting laws similar to the California law above. If you are resident of a state that enacts such a law, please use the contact information above to contact us with any questions, requests or comments.

12. Where We Will Transfer Your Information.

We are headquartered in the United States. Due to the global nature of our business, personal information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting such information to us, you explicitly authorize its transfer and storage within the United States. We will protect the privacy and security of personal information in accordance with this Privacy Policy regardless of where the information is processed or stored.

13. Changes to this Privacy Policy.

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. In this event this Privacy Policy should materially change, we will generally notify our users by posting a notice of such change on our website. Any changes to this Privacy Policy will become effective upon posting of the revised policy. Your continued use of any of the Site following the posting of changes to our Privacy Policy indicates your acceptance of those changes.

14. Contact Us.

If you have comments or questions about this Privacy Policy, please contact us by emailing webmaster@getzephyr.com.