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US Zambrero Pty Ltd General Terms and Conditions


These Terms and Conditions (“Terms”) set forth the terms of use of the websites and services owned and operated by The Zambrero Group of companies (collectively, “Zambrero,” “we” or “us”), including the www.zambrero.com website (“Website”) and the services provided via the Website (“Services”).  By using this Website, App and/or the Services, you are indicating that you agree to these Terms.  If you do not agree to the Terms, you should not use the Website, App and/or Services. 

1. DURATION

These Terms commence on the date of first use of the Zambrero Website and continue in full force and effect unless terminated earlier in accordance with clause 12.

2. CHANGES

We reserve the right to revise, replace or amend these Terms, or other terms that may apply from time to time without prior notice. We shall notify you of any substantive changes by email or any other reasonable notification method. The new changes shall only apply to Website uses after the notification has been sent to you. Modifications shall become effective immediately upon being posted on our Website. Your continued use of the Website and/or Services after amendments are posted constitutes an acknowledgement and acceptance of the Terms and its modifications.

3. PRIVACY

Please refer to our Privacy Policy, which forms part of these Terms. 

4. ACCESS AND USE

4.1 You agree that:
(a) any and all access and use of any Service of the Website by you shall be in accordance with:
(i) these Terms; and 
(ii) any notices displayed on the Website from time to time;
(iii) any other Terms of Business that we may provide you with if you use our Services; and
(iv) Zambrero Pty Ltd Loyalty Program Terms and Conditions (where applicable).

4.2 You acknowledge that: 

(a) You must not use the Website , or post any material on the Website,  in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us;  
(b) you are legally responsible for all user generated content you submit;
(c) under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating;
(d) we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;

(e) you will not: 

(i) post or transmit any illegal, libellous, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court, or encourage any other person to do so;
(ii) bypass (or attempt to bypass) any security mechanisms imposed by the Website;
(iii) impersonate any person or entity;
(iv) post or transmit false or misleading material or make any form of misleading or deceptive representation;
(v) post or transmit any material for fraudulent purposes in connection with any criminal offence or any other unlawful activity;
(vi) knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
(vii) exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);
(viii) provide access or links to any material which may infringe the intellectual property rights of another person; or
(ix) delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
(x) at our request you agree to do all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.

4.3 You agree that you shall not make any commercial use of any or all of the works accessed on the Website. In this clause, “commercial use” means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use, but does not include participation in our Loyalty Program.

4.4 Zambrero may use "cookie" technology on its Websites. A “cookie” is a small summary file containing a unique ID number which is stored on your computer by your browser. When you log in, the cookie tells Zambrero whether you've visited the Websites before or if you are a new visitor. The cookie doesn't obtain any personal information about you or provide Zambrero with any way to contact you, and the cookie doesn't extract any information from your computer. Zambrero uses the cookie to help it identify the relevant Websites features in which you have the greatest interest, so that it may better personalize your access to the Websites.

4.5 If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

5. USER-GENERATED CONTENT 

5.1 This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise and may also allow you to see user generated content submitted by other persons.

5.2 User submissions must not include or post or permit to be posted any positive or negative testimonials, recommendations or criticisms that relate to any health or medical practitioner or any medical or health facility or medical product. 

5.3 The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your user generated content (“Access Controls”). We will use our best endeavors to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your user generated content that you did not intend to disclose).

5.4 Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any user generated content. In particular, you should be aware that, if your user generated content is downloaded by any other person (including other users of the Website) (whether authorized or not), then neither Zambrero nor you may be able to control the further disclosure and publication of that user generated content.

5.5 By posting, submitting, updating, modifying, transmitting or otherwise making available any user generated content on this Website:
(a) you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit user generated content to the Website;
(b) you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the user generated content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
(c) you must ensure, and warrant, that your user generated content does not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause.

5.6 To the full extent permitted by law (and subject to us using reasonable endeavors to implement the Access Controls that you have selected), you consent to us (and all persons authorized by us) doing anything in relation to your user generated content which would otherwise constitute an infringement of your moral rights that you may have in the user generated content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have. 

5.7 We have the right, but not the obligation, to monitor and review user generated content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your user generated content for any reason (or for no reason at all).

5.8 Notwithstanding our right to monitor, review and edit any user generated content, we are not obliged to do so. We accept no responsibility or liability for any user generated content. In particular, you acknowledge and agree that we do not authorize, condone or endorse any user generated content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any user generated content.

5.9 You acknowledge that, subject to us using reasonable endeavors to implement the Access Controls that you have selected, your user generated content will be displayed on the Website, and other users may use, view and download your user generated content. We are not responsible for how other users will use your user generated content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

5.10 Some user generated content may refer to opportunities or activities that are organised by other users of the Website. We are not responsible for organizing these events and activities, and do not authorize or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

5.11 Zambrero’s reserves the right to remove any user-generated content if, in Zambrero’s sole discretion, such does not comply with these Terms  without prior notice.

5.12 If you believe that your copyright rights have been infringed by any other user generated content, please follow the Copyright Complaint procedures detailed in paragraph 6.  For all other complaints, you may report any user generated content that does not comply with these Terms to zambrero.com/contact

6. COPYRIGHT COMPLAINTS

Zambrero respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work appears on our Website in a way that constitutes copyright infringement, please send a written notice containing the following information:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; 
• Description of what is being infringed;
• Your contact information;
• A statement by you, of your good faith belief that the material is infringing and its use is not authorized;
• A statement by you, made under the penalty of perjury, that the information you provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please send your notice to the following address:

DMCA Designated Agent
Zambrero
[email protected]

You acknowledge that if you fail to comply with all of the notification requirements above, your DMCA notice may not be valid.  Zambrero will remove all complained of content if properly notified that infringes on another's intellectual property rights. Zambrero will also terminate a user’s access to its Websites if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity twice and/or has had their user generated content removed from the Websites.

7. OWNERSHIP AND INTELLECTUAL PROPERTY

7.1 Subject to clause 8.3 you acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in or in relation to the Works remains with or vests in Zambrero or third parties.

7.2 If Zambrero, or any person, makes available or introduces to you to their intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain the sole property of Zambrero, or that other person who is the owner or licensee of that intellectual property.

7.3 You agree to take all actions and do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest in the Works and the Intellectual Property Rights of any third party.

8. NO PERMISSION TO USE WORKS 

8.1 Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

8.2 All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

8.3 We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and their content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

8.4 The following are examples of conduct that are not authorised by these Terms:
(a) sharing the content of this Website with other persons;
(b) publishing or posting any of the content on any other website, including on social media pages or websites;
(c) using the logo or trademarks of this Website, 
(d) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
(e) systematic downloading or "scraping" of content of the Website.

8.5 We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
(a) the frequency and nature of any downloads; and
(b) the time of access and IP addresses used to access the Website.

8.6 We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

9. REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES

9.1 No further reproduction or distribution of the Works in whole or in part is permitted without the express written agreement of Zambrero. 

9.2 To seek permission to use the Works (or part of them) please contact us at zambrero.com/contact

10. PROVIDING FEEDBACK ON WEBSITE 

10.1 If you are invited to post comments on the Website you may do so. If you think that a comment that has been posted is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identify of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation,  or any form of spam, please contact us with a link to the comment or a copy of it and your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but will not necessarily contact or consult you about our decision. Our decision is final.

11. ACKNOWLEDGEMENT, WARRANTY AND LIABILITY

11.1 You acknowledge and agree that:
(a) We do not make any warranties about the Services or Works, including without limitation any warranty that the Works or Services are complete or error-free;
(b) You will not rely on any of the Works without first making independent enquiries to verify facts.
(c) The Website is provided on an ‘as available’ basis. You agree that the Website service may be interrupted for maintenance and repairs, or for any other reason and that access to any Works cannot be guaranteed. 

11.2 To the fullest extent permitted by law, Zambrero disclaims any and all express or implied warranties, guarantees or representations regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website; and
(b) the reliability or fitness for any particular purpose for any service or product contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website.

11.3 You acknowledge and agree that Zambrero does not warrant, guarantee or make any representation that:
(a) the Website, the Works or the server that makes the Website available on the world wide web are free of software viruses;
(b) the functions contained in any software contained on the Website or the Works will operate uninterrupted or are error-free; or that
(c) errors and defects in the Website or the Works will be corrected;

11.4 You and Zambrero further agree that, unless otherwise explicitly stated, to the fullest extent permitted by law:
(a) the Services, Works or any other materials whatsoever appearing on the Website are provided on an “as is” basis without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed;
(b) So far as permitted by law, we exclude all conditions and warranties relating to the Services, the Works or the Website; and
(c) Zambrero makes no representations, warranties or guaranties as to the quality, suitability, truth,  accuracy, completeness, merchantability, or fitness for purpose of the Service, the Works, or the Website  

11.5 To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law our liability will be limited, at our sole discretion, to re-supply those Services or the payment of the costs of having those Services resupplied.

11.6 You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and will not make a claim against Zambrero for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the Works, Services or Website. You agree to hold Zambrero harmless from, and you covenant not to sue Zambrero for, any claims based on using the Website. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Website.

12. INDEMNITY AND LIMITATION

12.1 You agree to release and indemnify, defend and hold Zambrero, its directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or Zambrero related to or in any way connected with any use of the Website by you or any breach or other failure by you to perform your obligations in relation to these Terms. This indemnity shall survive the termination of these Terms.

12.2 To the extent permitted by law, Zambrero shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Works on this Website.  In no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, the Services, the Works, any linked Website, your reliance on any information obtained through the Website or your use of any Services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability, even if Zambrero has been previously advised of the possibility of such damages..

13. TERMINATION

13.1 We may immediately terminate your account and authorization to use the Website and Services Terms if you breach any term or condition of these Terms and fail to remedy such breach to our satisfaction within seven (7) days of notification from us.

13.2 On termination of these Terms:
(a) you must not access or attempt to access the Service of the Website; and
(b) we may immediately deny you access to the Service of the Website, or any other part of the Website, at our sole discretion.

13.3 Any termination of the licence granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.

14. GENERAL

14.1 These Terms and the documents referred to in the Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the use of the Website.

14.2 You must not assign, whether in whole or part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of Zambrero.

14.3 The Terms and Conditions and the Privacy Policy shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts, USA, without reference to conflicts of law provisions. You expressly consent and agree that any claims arising under or related in any way to these Terms and Conditions, the Privacy Policy, the Website or the Service shall be brought only in the state or federal courts located in the Commonwealth of Massachusetts and therefore you consent to the jurisdiction and venue of those courts.

14.4 No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.

14.5 Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the Agreement.

15. DEFINITIONS 

15.1 In these Terms:
(a) Intellectual Property Rights means any intellectual property and industrial property rights of  throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
(b) Works means any and all publications, content, graphs, charts, data, information, software, processes, programs, documents, user generated content or any other materials whatsoever contained on any Website owned by Zambrero or provided by Zambrero to any user; and

15.2 Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms.  A reference to a clause is a reference to a clause of these Terms.

16. COMPLAINTS

16.1 Complaints must be made online at www.zambrero.com/contact. We will endeavour to respond within 3 business days to all complaints.

Last updated December 2017

US ZAMBRERO GROUP PRIVACY POLICY

The Zambrero Group of companies, including Zambrero Marketing Fund Pty Ltd and any other Zambrero company and their respective agents, (collectively, “Zambrero,” “we” or “us”) are committed to protecting your privacy, and respects and upholds your rights to privacy protection under applicable privacy laws. These laws regulate how we collect, hold, use and disclose personal information (as defined in those laws) about you and other individuals. 
This Privacy Policy sets out Zambrero’s practices concerning information we obtain by and through your use of the Zambrero website at wwww.zambrero.com (“Website”) and/or any related mobile application (“App”), including, the basis of how and when we collect your personal information, what that information is used for, who uses it, when it may be disclosed to other parties and to whom we may disclose it.  This Policy includes details on how you can access the personal information that Zambrero holds about you and how to correct your own personal information. 

This Privacy Policy currently is applicable only to United States consumers and only when they access and use the Website and/or App, and may not be applicable to transactions performed and information collected in other channels. By using the Website or App– including contacting Zambrero to make an enquiry, to join our Loyalty Program, to place an order for a product you are accepting and consenting to the use of your information as detailed in this Privacy Policy. 

1. What information we collect from you?

The information we collect from our Website and through our App may include non-personally identifiable information and personal information. Non-personally identifiable information refers to information that does not by itself identify a specific individual. Personal information refers to any information that can be used to identify you. Examples of personal information which we may collect from you include, but are not limited to, your name, address, date of birth, phone number, e-mail address, and information provided by you (or your references if you are applying for a position of employment or to be a franchise partner with us). If you provide financial information to us or our payment system providers, or establish a credit account with us, we may collect some additional information, such as a billing address, credit card details, financial institution account details and tracking information for checks or money orders. If we combine non-personally identifiable information with personal information, the combined information will be treated as personal information for as long as it remains combined.

2. How we collect your personal information

Zambrero will endeavour to collect information directly from you whenever possible, however personal information may also be collected on our behalf by our agents. We collect personal information about you in a number of ways, including but not limited to:
• directly from you when you make an enquiry or place an order for a product through the Website, App and/or via telephone; 
• directly from you if you send us personal correspondence, such as emails or letters;
• when you provide information and navigate through our Website and/or App, including through cookie as defined in clause 10. 
• when you complete our Loyalty Program application, contact us form, franchise enquiry form or any other forms; 
• when you enter competitions run by us;
• when you apply for any positions with us (see more information in “Applications for Employment” below); 
• when you apply to become a franchise partner (see more information in “Franchise Partner Applications” below);
• from Zambrero related companies;
• from publicly available sources of information;
• from third parties such as credit reporting bodies and marketing agencies, including information you may provide to us using our social media pages, and 
• from our own records.
We only collect personal information which is reasonably necessary for us to conduct our business and to meet our legal obligations or otherwise in accordance with any specific consent given by you. Zambrero’s 

3. Cookies

Like many companies, Zambrero sometimes uses "cookie" technology on its Websites. A “cookie” is a small summary file containing a unique ID number which is stored on your computer by your browser. When you log in, the cookie tells Zambrero whether you've visited the Websites before or if you are a new visitor. The cookie doesn't obtain any personal information about you or provide Zambrero with any way to contact you, and the cookie doesn't extract any information from your computer. Zambrero uses the cookie to help it identify the relevant Websites features in which you have the greatest interest, so that it may better personalise your access to the Websites.

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. 

4. Children’s Online Privacy and Protection Act

Neither the Website nor the App are not directed at and should not be used by children under the age of 13.  We support and comply with the Children’s Online Privacy Protection Act (COPPA).  Zambrero does not solicit or collect personal information from children under the age of 13.  If we receive notice that a child under the age of 13 has submitted information to us despite our Terms of Use, we will immediately delete that information.

5. Applications for Employment or Franchise Partner

When you apply for a job with us or apply to become a Zambrero franchise partner, most of the personal information that we collect about you is the information contained within your application, including your name, address, telephone number, education and employment history, financial history (for franchise partner applicants only) and other information. 

In considering your application, we may also collect personal information about you from third parties such as your previous employers or references. We may also collect sensitive personal information about you, such as your criminal record. Where we do so, your consent will be sought first.

The information that we collect in the course of your application process will be used, to assess your suitability for a position or for owning a franchise with us (or another Zambrero Group company) as applicable, to assess your qualification to move forward in the recruitment process and/or to store your details for opportunities that may arise in the future.

Where you do not provide us with information that we request of you we may not be able to assess your suitability for a position or any future openings.

During the course of your application process with us, we may disclose your information to:
• your nominated references;
• past employers;
• recruitment agencies/agencies/contractors acting for you in the employment application process;
• other Zambrero Group companies;
• government or other agencies, such as to conduct criminal record checks; and
• educational organizations, such as to verify your qualifications.

6. For what purposes do we collect, hold, use and disclose your personal information?

Zambrero uses your personal information so that we can improve and perform our business activities and functions and to provide you with any products or services which you may request, or to respond to any query or complaint that you may have. In general, any information you provide may be used in the following ways:
• verify your identity;
• to administer our Loyalty Program 
• provide the products or services you require or for related purposes that would reasonably be expected;
• administer and manage our services including charging and billing you for those products;
• assist with the administrative, marketing, planning, product or service development, quality control and research purposes of us and our related bodies corporate, contractors or service providers;
• inform you of ways that the services provided to you could or have been be improved;
• conduct appropriate checks for fraud;
• update our records and keep your contact details up to date; 
• provide to third parties who have a bona fide interest in acquiring a franchise or in relation to the sale of our business generally; and  
• maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.

Zambrero may combine any information which it collects from you with information collected by its related companies.  We will not sell or license any of your personal data to third parties for their direct marketing purposes unless we have your express consent to do so.

If we wish to use your personal information for other purposes not listed above, we will notify you of such and, where appropriate, seek your consent. 

7. What happens if we cannot collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:
• we may not be able to provide our products to you;
• we may not be able to provide registration or benefits under any reward or Loyalty Program;
• we may not be able to provide you with information about products that you may want, including information about special promotions; or
• we may be unable to tailor the content of our Websites or App to your preferences and your experience of our Websites or App may not be as enjoyable or useful; or
• we may not be able to process or progress your application (as applicable).

8. When we disclose your personal information

In order to deliver the products and services you require, Zambrero may disclose your personal information to organizations outside Zambrero. Your personal information may be disclosed to these organizations so that we can provide you with the required services or conduct the necessary administrative or marketing function required. 

These organizations include, but are not limited to, organizations and third party service providers who we engage to carry out the following services: 
• customer support inquiries;
• mailing operations;
• printing operations;
• billing and debt-recovery functions;
• payment systems requirements
• technology services;
• installation, maintenance and repair services;
• professional service functions like legal, accounting and business advisory;
• marketing, telemarketing and market research; and
• product, Website and App usage analysis.
We may disclose your personal information to: 
• any parties necessary to provide the products which you purchase from us;
• any parties necessary to provide you with access to the Website or App;
• external IT service;
• your authorized representatives or your legal advisers (e.g. when requested by you to do so);
• credit reporting bodies or fraud checking agencies (where relevant);
• our related and associated companies;
• our professional advisers, including our accountants, auditors and lawyers;
• government and regulatory authorities and other organizations, as required or authorized by law;
• potential and current franchisees and their agents; 
• if Zambrero is taken over, or negotiating to be taken over, by, or sold to, another company (‘takeover company’), to the takeover company and professional advisors;
• third party competition/promotion hosting agencies; and
• any others you have been informed of or consented to (express or implied)
Zambrero shall take reasonable steps to ensure that these organizations are bound by privacy obligations in relation to the continuing protection of your personal information.  

9. Transfer of personal information outside the United States 

Personal information collected on the Website and/or App may be hosted, stored, processed or supported in the United States or any other country in which Zambrero or its affiliates, subcontractors or agents maintain facilities. By using the Website and/or App, you consent to any transfer of information outside your country of residence. If information is transferred outside your country of residence, it will be treated in accordance with applicable data protection laws.

10. Direct marketing and your privacy

If you chose to share personal information with us, we may ask if you want to receive future marketing information and communication from us, such as e-newsletters, promotions and special offers. Our communications may be sent to you in various forms, including mail, SMS, in-app notifications, fax and email, in accordance with applicable laws. If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so.

If you have received marketing information from Zambrero and you wish to stop receiving it, you can contact us (either using the contact details below or the opt-out mechanism detailed in our marketing material), and ask us to stop sending the marketing information. 

Zambrero may occasionally provide its marketing material to third parties to distribute material on Zambrero’s behalf. 

Notice to California Residents: California law permits residents to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes.  Generally speaking, we do not disclose personal information to third parties for that purpose.  However, if you would like to make a request to review information regarding such disclosures, if any exist, please contact us at [email protected]

11. Links to other websites

The Website and App may contain links to other sites, over which we have no control. Privacy policies for these third party sites and services may be different from our privacy policy. You access these third party sites and services at your own risk. You should always read the privacy policy of a linked site or integrated service before disclosing any personal information on such site and/or through such service.  Zambrero makes no representations or warranties as to the privacy practices of any site operated by a third party, and is not responsible for the privacy policies of such other sites.

12. Notification 

As part of installation of the Zambrero App on your mobile device, you may receive “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. You may choose to stop receiving Push Notifications at any time by selecting option within the App’s settings menu or by deleting the App from your mobile device.

The App may request your permission to collect location data. Location data is not required for use of the App; if you do not wish for your location data to be submitted, please respond accordingly when prompted on your mobile device. You can change your permissions with respect to location data and multimedia sharing through the settings feature on your mobile device. Any information and content collected through the App will be used consistent with this Policy.

13. Security and Data Quality

We take reasonable steps to secure your personal information. Electronic information is protected by reasonable technological and physical security measures and access to information and databases is restricted to our staff and contractors that need access to the information in order to perform their duties.

Zambrero cares about protecting the security of your personal information, and we have implemented security procedures to protect the personal information which you provide to us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We urge you to keep any password for our Website and/or App in a safe place and not to share it with anyone. In addition, please remember to sign off your account and close your browser window when you have finished your visit to the Website.

14. How you can access and correct your personal information held by the Zambrero Group

If you do not want your personal information collected or stored, please do not submit it to us. If you have already submitted personal information and would like us to correct or remove your information from our records, you may request details and a copy of your personal information held by us by contacting us in writing at the address detailed below. To protect your privacy, Zambrero may require proof of your identity before acting upon your request. Access will be provided unless there is a legal or administrative reason for denying or limiting access. We will advise you of the grounds of any refusal.

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). Depending on the circumstances, Zambrero reserves the right to charge you a reasonable administrative fee for access to the personal information. We will not charge for simply making the request and will not charge for making any corrections to your personal information. 

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. 

15. Changes to this Privacy Policy

From time to time, it may be necessary for us to make updates or change this Privacy Policy without notice. We will post those updates here so you will always know what information we collect through our Website and/or App, how we use it, and what choices you have.  Please be sure to check this page before proceeding to use our Website and/or App. Zambrero values your privacy and we will ensure that any changes will not alter how we handle previously collected information. Any material changes will be communicated to you directly via email or other notice on the Website and App.

16. How to contact us

If you would like to contact us or require more information concerning Zambrero’s approach to privacy or how Zambrero handles your personal information, you can write to us as set out below:

Attention: Zambrero Privacy Officer
Zambrero Group 
Level 2
80 Wentworth Avenue 
Surry Hills
SYDNEY NSW 2010
AUSTRALIA 

Alternatively, you can email your privacy query directly to us by using the Contact Us page on our website 

17. How do you make a complaint?

If you wish to make a complaint to Zambrero about a possible breach of privacy, please provide full details of your complaint in writing, and send it to the Zambrero Privacy Officer (see contact details above). Please allow up to 30 days for your request or complaint to be processed.

18. Waiver

If Zambrero delays or does not exercise any of its rights and remedies available to it under this Privacy Policy, that will not be a waiver of that right or remedy.

19. Severability

If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force and effect.

This Privacy Policy was last updated in October 2017