Privacy Policy

ITSON, INC.’S GLOBAL PRIVACY POLICY

 

  1. OUR COMMITMENT TO PRIVACY

    This Global Privacy Policy (“Privacy Policy”) sets forth the information privacy practices of ItsOn, Inc. (“ItsOn,”  “we” or “us”) in connection with your use of the ItsOn wireless telephone and data services, rate plans, offers and options associated with your account with ItsOn (collectively, the “Services”) and the ItsOn website located at zact.com (the “Site’). ItsOn operates under several trademarks or brands including Zact. ItsOn respects your privacy and is committed to providing with notice and choice about our privacy practices. The ItsOn Privacy Policy (“Policy’) discloses the information we gather through the Services and the Site, the ways we process, share and secure such information and how you can correct or change it. Except where otherwise expressly indicated herein or on or through the Services or Site, this Policy only applies to information collected through the Services and the Site. This Policy does not apply to information collected outside of the Services and the Site.


    This Policy addresses our privacy practices relating to any use of our Services and/or the Site by any person, referred to as “you” or “user” in this Policy. Before submitting information to, on or through the Services or the Site, please read this Policy. By using the Services and/or submitting information on or through the Site, you acknowledge that you accept the practices and policies outlined in this Policy and consent to having your data processed in and/or transferred to the United States and governed by applicable United States laws and regulations. If you do not agree to this Policy, you are not permitted to use the Services or the Site. Capitalized terms not defined in this Policy are defined in the Terms of Service.

    ItsOn, Inc. has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability, and choice regarding the collection and use of your personal information. The TRUSTe program covers only information that is collected through this website and our mobile application.

    TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at cs@zact.com. If you are not satisfied with our response you can contact TRUSTe here.

  2. THE INFORMATION WE COLLECT

    We do not require that you submit any more information than is necessary to use the Services and Site effectively. We collect the following three categories of information from you: (a) Personally Identifiable Information; (b) Customer Proprietary Network Information; (c) Non-Personal Information; and (d) Passive Anonymous Information. All four of these categories are collectively referred to as “Information” in this Policy.

    A. Personally Identifiable Information Collected from Individuals

    We may receive and store any information you enter through the Services, in connection with establishing an account with us or that you provide to us on or through the Site that would allow us to identify you personally, locate you, or contact you.  We refer to this information as Personally Identifiable Information (“PII”).  The PII you provide to us only will be used by ItsOn in accordance with this Policy. Examples of PII we may collect from you:

    • Your first and last name, billing and shipping addresses, and email address; PII you provide about yourself when you send us an e-mail or otherwise contact use through the Services and/or Site; 
    • Credit card, bank account or other account information related to financial accounts used in connection with the Services;
    • Social Security Number or other government-issued identifier; and
    • We do not collect location information based on data derived from cell towers or Global Positioning Satellite (“GPS”) but we may collect and deliver such information to third parties, to the extent possible, in the event an emergency call is placed. Please see our Terms of Service for additional details.

    B. Customer Proprietary Network Information (“CPNI”)

    CPNI is information that relates to the quantity, technical configuration, type, destination, location and amount of use of the telecommunications services provided by ItsOn to you. CPNI is available to ItsOn solely through its relationship with you and information contained in your bill for wireless services. CPNI does not include certain information that is typically classified as PII, as detailed above, and does not include compiled or aggregated PII. U.S. federal law requires ItsOn to protect the confidentiality of CPNI. Unless you opt-out from the use of CPNI, ItsOn may use CPNI to market service offerings to you to which you do not already subscribe. To opt-out, just contact us at cs@zact.com. ItsOn may, without prior approval from you, use CPNI to provide or market service offerings to you, if the service offerings are within the same categories of service to which you already subscribe, regardless of your CPNI selection.


    CPNI may be provided to law enforcement or other governmental agencies pursuant to relevant law, to investigate and prevent fraud, to authenticate and to verify users, to resolve billing disputes, to render bills and for other purposes related to the provision and billing for Services. 

    In some instances, CPNI may be provided to third parties in connection with the services we are offering or in performing other functions. We do not need approval when providing CPNI to third parties for this limited purpose. ItsOn may, in the future, provide CPNI to third parties to market Service-related or non-Service-related services or products.  Should ItsOn do so, we will first obtain your express consent to do so, if it has not already been given.

    C. Non-Personal Information

    From time to time, we also may ask you to provide us with, or we may collect, non-personal information, which is data that alone is not intended to allow us to identify you personally, such as just your first name, zip code, or demographic information. Sometimes ItsOn will aggregate and/or anonymize PII so that it becomes non-personal information and is not intended to be used to personally identify you.

    D. Passive Anonymous Information Gathered Electronically

    We and our third party partners may automatically collect certain types of passive, anonymous information whenever you use the Services or the Site, such as information about users’ Devices, users’ computers, and online activities. For instance, we may automatically collect Service usage information, such as the numbers and frequency of users of the Service, Site pages visited and similar data. This data is used in the aggregate, that is, as a statistical measure, and not in a manner that is intended to identify users personally.

    If we collect this information, it will be done passively through the use of certain electronic technologies, such as cookies, web beacons, pixels, clear GIFs (and similar technologies) and location information from users’ Devices as explained below.

    Cookies: We and our advertising partners may use “cookies.” When users use the Site or the Services, particularly when using the Internet on wireless Device, the pages users see, along with something called "cookies," may be downloaded to users’ Devices or computes. Cookies are small pieces of information that are stored by browsers on users’ wireless Devices or computers. These cookies do not contain any PII and are not intended to collect PII, but may be used to deliver content specific to users’ interests and for other purposes, such as security, analytics, network management and administrative functions.

    For example, cookies are used to store users’ preferences for certain types of information so that users do not have to input those preferences every time users’ utilize the Service. Most web browsers automatically accept cookies, but users usually can change browser settings to limit or prevent cookies. Cookies in themselves do not personally identify the individual user, but rather the computer or Device that is being used to access our Site or in connection with our Services.

    Users may have the opportunity to set computers or Devices to accept all cookies, to notify users when a cookie is issued, or to not receive cookies at any time. Different browsers may address cookies differently. If users set their browser to not accept cookies, it may result in certain personalized services not being provided to the relevant users when using that computer or Device.

    Web beacons, Pixels and Clear GIFs:  We and our advertising partners may use web beacons, pixels and clear GIFs. These electronic technologies are transparent image files that, if used, allow us and our advertising partners to track website usage information, such as the number of times a given web page has been viewed and whether and when users have opened an email, how many times the email was forwarded and which links in the email were clicked. Unlike cookies, these technologies are not placed on users’ computers or Devices, but rather in a particular type of media, like an email. This information helps us to improve our Services and the Site and helps our advertising partners by measuring the effectiveness of these communications with our users. These technologies may be used in association with cookies to understand how visitors interact with our Services and/or the Site or advertisements made by our advertising partners.  

Device Information: Users can utilize wireless Devices to browse the Internet and/or obtain various third party products and services, such as mobile applications that may be purchased or free through third party marketplaces, like the Marketplace for Android™ Users’ wireless Devices and these third party applications may provide additional functionality by using the location of users’ wireless Devices, Device identifiers, IP addresses, operating systems, applications or websites visited, and information concerning users’ utilization of the Services, such as voice, text and data usage. Logged and/or collected data may include (but is not limited to) IP address, unique device I.D., browser identifiers, session information, browser cookies, device make and model, carrier provider, carrier user ID, location information, sites visited, clicks on advertisements, advertisement(s) served, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and general online and Application-specific usage data and usage metrics.

    For any products or services provided by ItsOn in which wireless location will be used, users will receive prior notice and users must consent before your wireless Device location is used and/or shared except when used to contact emergency services when location information may be automatically provided. Please see our Terms of Service for additional details. Any wireless Device’s location information that is used in connection with a third party service or product will be governed by that third party’s terms and privacy policy. You agree that ItsOn is not responsible for any third party use or sharing of your wireless Device location information.

    E. Do Not Track

    “Do Not Track” is a privacy feature that users can enable in a variety of web browsing software. When enabled, your browser sends a signal to web sites, analytics companies, ad networks, plug in providers and other web services you encounter while browsing.  Currently, there is no industry standard practice as to how websites should interpret a Do Not Track signal.  We do not change our practices when we receive a “Do Not Track” signal.  For more information concerning “Do Not Track” generally, please visit: http://allaboutdnt.com/. Note that the information contained on this website is provided by a third party with which we have no affiliation.

  3. HOW WE USE INFORMATION

    We may use your Information for a number of purposes, including:

    • To allow you to use the Services, to bill for Services, and to administer your account;
    • To facilitate communication between ItsOn and you including, without limitation, responding to your questions or comments, sending e-mails concerning our products and services, or to contact you for feedback regarding us, advertisers or business partners;
    • To provide you with information about products or services that we think you will find valuable;
    • For ItsOn’s marketing and promotional activities;
    • To provide you with tailored advertising, which is explained in greater detail in Section 4 below.
    • To provide a report to our advertisers or business partners that tells them who responded to a particular offer or to facilitate the fulfillment of an order that you have made with an advertiser or business partner;
    • To provide you with important functionality changes to the Services and the Site, new ItsOn services and special offers from ItsOn and reputable third parties that we think you will find valuable;
    • To customize, personalize, analyze, evaluate, adjust and improve the Services and the Site to meet the needs and expectations of you, ItsOn, our affiliates and our advertisers or business partners;
    • To anonymize or aggregate PII for various purposes like market analysis or traffic flow analysis and reporting and other internal purposes; and
    • To enforce our agreements with you, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws.

  4. TAILORED ADVERTISING

    The Services or the Site may include third-party tailored advertising technology which enables customized advertising to be delivered through the Services or the Site and replaced while users are online. We do not share PII with these third parties; however, when users utilize the Services or the Site, we or third parties operating the advertisement serving technology may use non-personal and/or anonymous passive information that is collected when users utilize the Services or the Site to ensure that appropriate advertising is presented and to perform analytics concerning users’ use of the Services or Site and other websites tracked by these third parties. These technologies also may control the number of times users see a given ad, deliver ads that relate to users’ interests and measure the effectiveness of ad campaigns. Logged and/or collected data may include (but is not limited to) IP address, unique device I.D., browser identifiers, session information, browser cookies, device make and model, carrier provider, carrier user ID, location information, sites visited, clicks on advertisements, advertisement(s) served, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and general online and Application-specific usage data and usage metrics. 

    Any of this information that is collected and used by ItsOn will be subject to this Policy and may be disclosed to third parties in a manner that is not intended to identify users personally. To the extent any of this information or information concerning the location of users’ Device or computer is collected by third parties and not by ItsOn, you acknowledge and agree, for yourself and any users associated with your account, that such collection and use is governed by those third parties’ privacy policies and ItsOn is not responsible for any electronic technologies in third party advertisements.
Note that at this current time, ItsOn is not engaged in tailored advertising though third parties. Should ItsOn implement a tailored advertising program in the future, ItsOn will provide a means for you to opt-out.

    
Please note that to the extent advertising technology is integrated into an application provided by ItsOn or a third party, users may still receive advertisements even if you opt-out of tailored advertising. In that case, the advertising will just not be tailored to users’ interests.

  5. DISCLOSURE OF INFORMATION TO THIRD PARTIES

    ItsOn may give, share, sell or trade your information to or with any third parties under the following circumstances.

Service Providers. We may share Information with third parties who perform services on our behalf. These third-party service providers are contractually required or bound by law to protect your PII and only are permitted to use it in accordance with the terms of our service agreements with them.

    Business Transfers. Information may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, Information also may be transferred as a business asset. If ItsOn is involved in a transition of service to another provider, merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a conspicuous notice on the Site, which will include any choices you may have concerning your Information. 

    Protection of ItsOn and Others. We may access, monitor, use or disclose your Information or communications to do things like: (i) comply with the law or respond to lawful requests or legal process; (ii) protect the rights or property of us, our agents, members, our customers, and others including to enforce our agreements, policies and terms of use; (iii) respond to emergencies; (iv) initiate, render, bill, and collect for services; or (v) facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government requirement, if any.

    Passive Anonymous and Aggregated Non-Personal Information. You agree that we may share with third parties passive, anonymous and non-personal information about you that is aggregated and is not intended to allow these third parties to identify you. This non-personal information is usually obtained through the use of electronic technologies as described in Section 2.C. above.   Third parties may also have access to non-personal information as described in Section 4.

    Except as detailed in Section 6 and in Section 7 with respect to account owners, we may also share your personally identifiable information with other third parties only with your prior consent to do so.

  6. USE OF THIRD-PARTY PROVIDED VOICEMAIL SERVICES

    Voicemail service offerings are provided to Zact users by a third party, YouMail, Inc. ItsOn will share the following information with YouMail, Inc.: (i) the telephone number associated with the users Device; (ii) the Personal Identification Number used in connection with the Service; and (iii) the email address associated with the Service.

    YouMail, Inc. will collect, use and disclose additional information about users as detailed in its Privacy Policy (http://youmail.com/home/corp/privacy.do), Terms of Service (http://www.youmail.com/termsofuse.html) and other relevant policies (http://www.youmail.com). By using YouMail, Inc.’s voicemail service offerings, you agree, on behalf of yourself and any users associated with your account, that ItsOn neither has responsibility nor control over the third party voicemail service offerings made available by YouMail, Inc. to ItsOn Users, including, but not limited to, the terms that accompany the YouMail, Inc. voicemail service offerings and the way in which YouMail, Inc. utilizes any information it obtains about you either directly from users’ use of YouMail, Inc.’s voicemail service offerings, or from ItsOn by virtue of users’ election to make use of YouMail, Inc.’s voicemail service offerings.

  7. ACCOUNT OWNERS ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION OF USERS

    All account owners have access to certain information about account users. For example, all account owners have access to the CPNI of account users as well as the applications installed on all user Devices. Account owners have access to this and other account user information due to the fact that account owners pay for the Services. Certain account owners may request that we provide enhanced usage information about account users. Examples of account owners that may request such access include, but are not limited to, employers that purchase Services on behalf of their employees or a parent that purchases Services on behalf of their children. But all account owners of any kind may request enhanced usage information about account users. Enhanced usage information may include, without limitation, the following: more detailed CPNI and individualized application usage.

  8. OPTING OUT FROM COLLECTION, USE OR SHARING OF CERTAIN INFORMATION

    ItsOn values your concerns about the privacy of your personal and non-personal information.  Therefore, we offer you the opportunity to opt out of collection, use and/or sharing of certain information.  You may opt-out of receiving promotions from third parties by modifying your account preferences or by sending an email to cs@zact.com. Information on how to opt-out of tailored advertising is included in Section 4 above. In addition, promotional emails from us will include an unsubscribe link. Please note that we will still send you transactional messages concerning the Services, even if you choose to opt-out of receiving promotional materials.


  9. TELEMARKETING

    To the extent that ItsOn determines that it will engage in telemarketing, the company will comply with all applicable laws and regulations regarding “Do Not Call” Lists. Generally, ItsOn is allowed to contact its customers, even if the customers are registered with federal or state Do Not Call Lists, because of our relationship with you. ItsOn will, of course, honor any request to remove your name from our telephone, mail or e-mail solicitation lists within a reasonable time period. Just contact us at cs@zact.com.

  10. FINANCIAL INFORMATION

    ItsOn relies on third party processers to store financial information and seeking payment from financial institutions for the Services.  ItsOn’s vendors are PCI compliant.

  11. ACCESSING OR CHANGING YOUR PII

    ItsOn allows you to change or correct inaccuracies in your PII by logging into your account either through an application on your Device or through Site and making changes to your PII.

    
 We will retain your information for as long as your account is active and may retain your information for a period of six (6) months thereafter unless a longer period is requested by governmental authorities or law enforcement agencies. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements which may also extend beyond six (6) months after you become inactive.

  12. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION

    A.    Third Party Links
    The Site and/or Services may contain links or access to third-party websites or applications. Please be aware that ItsOn cannot control and is not responsible for the information collection practices of such websites or applications, which may differ from those of ItsOn. We encourage you to review and understand the privacy policies and terms and conditions of these web sites applications before providing any information to them.

    B. Blog/Forum
    Our website may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You can request the removal of your personal information from our blog or community forum, by contacting us at cs@zact.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

    C. Social Media Widgets
    Our website may include social media features, such as the Facebook Like button and widgets, such as the Twitter button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

    D. Data Security
    We maintain a variety of commercially reasonable safeguards designed to protect your Information from unauthorized access and disclosure. For example, we use industry accepted tools and techniques to protect against unauthorized access to our systems. When you enter sensitive information, such as a credit card number, on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
    You should be aware, however, that ItsOn has no control over the security of other websites or applications that you might visit or use even when a link to those websites or applications is available through the Services or the Site. If you share your computer or wireless Device or use a computer or wireless device that is accessed by the general public, remember to sign off and close your computer or device when you have finished your session. This will help to ensure that others cannot access your PII.
    We want you to feel confident using the Services and the Site. However, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure and protect your information, we do not promise, and you should not expect, that your Information or other communications always will remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission's Web site for information about how to protect yourself against identity theft.

    E.    Children
    The Services and the Site are not intended for persons under the age of 13. ItsOn does not knowingly market to, or solicit information, accept service or collect information from any person under the age of 13. If ItsOn becomes aware that any person submitting information in connection with the Services or the Site is under the age of 13, we will attempt to delete the account and any related information as soon as possible. We require that only persons 13 years of age or older use the Services and the Site. By using the Services and/or the Site, you hereby represent that you are at least 13 years old.  Any ratings for Services or the Site provided by a third party shall have no bearing on this limitation.

F.    Your California Privacy Rights To the extent that we share the personal information of any California consumers with any third parties for direct marketing purposes, you are entitled to request the identity of such third parties along with the type of personal information disclosed within the previous calendar year.  At this time, ItsOn is not sharing California consumers’ personal information with any third parties for direct marketing purposes.

    G.    Users from Outside the United States
    The Services and the Site are hosted in the United States and are governed exclusively by United States law. If you are visiting the Site or using the Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as or may vary from those in your country. By using the website or the Service, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.



    H.    Changes to this Privacy Policy
    We may occasionally update this Policy to reflect changes in our practices. When we post changes to this Policy, we will revise the effective date at the top of this Policy. If we make any material changes to our Policy, we will notify you by sending an e-mail to the e-mail address(s) you provided to us, and by prominently posting notice of the changes on the Site prior to the change becoming effective. We will give you an opportunity to opt-out of any materially changed Policy or alternatively, delete the information you have provided to us. We recommend that you check the Site from time to time to inform yourself of any changes in this Policy or any of our other policies.  Any non-material changes to the Privacy Policy will not be sent to you via email; a notice of such non-material changes will be posted on the Site; and your continued use of the Services and Site after such revised Policy is posted shall constitute your acceptance of such revised Policy.

    

G.    Contacting Us
    If you have any questions about ItsOn generally, this Privacy Policy or the Site, please feel free to contact us by sending an email to privacy@itsoninc.com or the address below.

    ItsOn, Inc.
    3 Lagoon Drive, Suite 230
    Redwood City CA 94065

    H.    No Rights of Third Parties
    This Privacy Policy does not create rights enforceable by third parties.