Privacy Policy

Last updated on: May 1, 2017

Zubia Privacy Policy

Zubia ("Zubia" or "we" or “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information and how you should be thoughtful about the way in which you disclose any information. This Privacy Policy describes our practices in connection with information that we collect through our website (www.zubialive.com) (the "Site"), and through our live-streaming video application made available by Zubia for use on certain devices (the "Software" and, collectively with the Site, the "Services"). By downloading, accessing or using the Services or providing information to us in connection with the Services, you acknowledge that this Privacy Policy is part of our Terms of Service, and by accessing the Services you agree to be bound by both this Privacy Policy and the Terms of Service.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third party, including users, or members of, or broadcasters on the Services, any third-party service providers, or any other third party operating any software application or website to which the Services contain a link. The inclusion of a link on the Services does not imply endorsement by us of the linked software application or website.

Your broadcasts using Zubia are public by default. You are NOT permitted to broadcast someone else on the Service without their express permission. Zubia assumes no liability for any live-streaming broadcasts of any person, place, business, or other object or activity which may impose on the privacy of another individual or their property, business, or otherwise. By using Zubia you may be held liable for any infringement of personal privacy for any third party whom you may broadcast without their permission or consent, infringement of intellectual property, as well as any other laws which are applicable.
We may change this Privacy Policy at any time. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through the Services, and a new date is visibly posted. If we make a change that, in our sole and absolute discretion, is determined to be material we will notify you at the email used when you registered for the Service. Your use of the Services or the submission of any information through the Services following such changes means that you accept the revised Privacy Policy.

JURISDICTION

The Services are controlled by us from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your information is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. We do not represent or warrant that the Services, or any functionality or feature thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to download, access or use the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By downloading, accessing, using, or submitting any information to the Services, users from outside the United States acknowledge that the Services are subject to U.S. law, and consent to the transfer of their information to the United States and any other jurisdiction, which may provide a different level of privacy and data security than in their country of residence, and waive any claims that may arise under their own national laws.

PERSONAL INFORMATION

Personal Information We May Collect

"Personal Information" is information that identifies you as an individual. In addition to Personal Information, Other Information (as defined below) may be collected in connection with the Services; the collection, use, and disclosure of Other Information is addressed separately below, under the heading "OTHER INFORMATION”.

We collect basic information from you at the time of your registration. This information includes:
  • Your email address;
  • A Screen Name chosen by you, which is your publicly displayed name, and does not have to be your full or legal name. 
ZUBIA DOES NOT ASK YOU FOR, OR REQUIRE ANY PERSONAL MEDICAL INFORMATION, MEDICAL RECORDS OR HEALTH HISTORY. 

Any personal information about you, including your medical history, which you choose to share while using the Services is at your own risk. 

If you choose to be a host, you have the option to post personal information about yourself for the attendees and potential attendees of your broadcasts. This information may include, but is not limited to, your name, email address, photo(s), links to your personal or commercial website, or any additional biographical information about yourself which you choose to make publicly available. This may also include any information displayed or communicated in a live-broadcast by you. Anything you say or do during a live-broadcast will be made available to the audience viewing that broadcast. Anything in the background or any personal information, whether knowingly or inadvertently, displayed by you while you are hosting a live broadcast is up to you and at your own risk of being viewed, copied, or otherwise captured, used, or displayed by someone viewing your broadcast. Zubia does not assume any risk or liability for anything you choose to disclose and make public about yourself in any manner at any time while using our Services.

We do not request, solicit or intend to collect any other personally identifiable information, and you should not disclose any such information in connection with the Services. 
IF YOU SUBMIT ANY PERSONAL INFORMATION OF OR RELATING TO THIRD PARTIES TO US OR OUR THIRD-PARTY SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.

How We May Use Personal Information

We and our third-party service providers may use Personal Information:
  • To verify your identity;
  • To manage your account and respond to your inquiries and fulfill your requests, such as to send email notices, confirmations and email newsletters to you, complete your commercial or payment transactions and operate the Services;
  • To send to you administrative information, including information regarding the Services and changes to our terms, conditions, or policies;
  • To send you “push” notifications on your device to remind you of upcoming broadcasts or important deadlines or other notifications, if you have not disabled this service;
  • To allow you to send chat messages, connection requests, and invitations to other individuals, through or in connection with the Services, and to send and receive such messages, connection requests and invitations on your behalf;
  • To send you marketing communications that we believe may be of interest to you, unless you opt-out;
  • To send you an email survey from time to time to help us improve or evaluate our Services;
  • To send you reports of any broadcasts which you may host, including basic registration information and email addresses of the participants in your broadcasts;
  • For our business purposes, such as quality assessment, data analysis, audits, developing new products, improving the Services, identifying usage trends and determining the effectiveness of our promotional campaigns; and
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
Analytics Providers

We may use third-party Web analytics services on our site, such as those of Google Analytics. These service providers use a variety of tracking technologies, such as cookies, to analyze how users use the Services. The information collected will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. To learn about opting out of Google Analytics, please go to https://tools.google.com/dlpage/gaoptout/. Because these opt outs are cookie-based, please note that if you get a new computer or device, install a new browser, or erase or alter your browser's cookie file, you may need to opt out again.

We may track on aggregate and individually, your personal interests in attending certain broadcasts in order to customize future communications with you. 

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

  • To our third-party service providers that may provide services such as hosting of the Services, data analysis, development, IT services and infrastructure, customer service, email delivery, auditing, payment processing and other similar services. Please note that we may use cloud service providers in connection with the hosting of the Services and the storage of Personal Information, and we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers;
  • To identify you to anyone to whom you send text messages, connection requests, or invitations through or in connection with the Services, including messages, connection requests, and invitations that we may send on your behalf;
  • To the hosts of any broadcasts which you might attend. A host of a broadcast has the option to receive a report of every person who attended their broadcast. Included with this report will include, but may not be limited to, the screen name or full name of each attendee, the email address of each attendee and any text messages sent by any attendee during the live broadcast. The host may use this information to contact you following the broadcast. Zubia assumes no liability for the content of any third party communications from its hosts;
  • By you, through our Services, including chat messages, email and anything you may say, do or show during any live-streaming broadcast which you may host or be party to, and other functionality with which you are able to share or post information and materials. Please note that any information and materials that you post or disclose using such functionality will become public information, and may be available for other users of the Services and the general public to view, record, access, use, alter, manipulate, or disclose to other individuals or social networking sites such as Facebook or YouTube. We are not responsible for such recording, access, use, alteration, manipulation or disclosure. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, in connection with the Services;
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
OTHER INFORMATION

Other Information We May Collect

"Other Information" is any information that does not reveal your specific identity, such as:
  • Statistics concerning our live-streaming broadcasts and chat messages conducted through the Services, such as the length of such broadcasts or messages, the number of people attending broadcasts, time spent in each broadcast and other technical parameters;
  • Information collected through cookies, pixel tags and other technologies; and
Aggregated information

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including, but not limited to:
  • Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, language, and the name and version of the software application you are using. We and any third-party service provider may also generate a unique device identifier for use by Zubia to operate the Services;
  • Through server log files: Your "IP Address" is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Services, along with the time of the use and the pages or areas visited within the Services. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We and our third-party service providers use IP Addresses for purposes such as helping to calculate usage levels of the Services, diagnose server problems, and administer the Services;
  • Using cookies: Cookies allow a server to transfer data to a device for recordkeeping and other purposes. We and our third-party service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to, and use of, the Services, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features, functionality, and promotions available through the Services may not be available to you;
  • From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services; and
  • By aggregating information: When aggregated, Personal Information is not used to personally identify you or any other user of the Services. For example, we may aggregate Personal Information to calculate the percentage or number of our users who share a particular area of interest.

How We May Use and Disclose Other Information

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

SECURITY

We seek to use within Zubia reasonable organizational, technical, and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or over wireless transmissions, or data storage system is guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage, and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information. We are not responsible for the data security measures of any third parties.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "CONTACTING US" section below.

SOCIAL MEDIA WIDGETS

Our Services may include social media features, such as the Facebook and Twitter buttons and widgets, as well as the “Share This” 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 website or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing the features.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information for marketing purposes:

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. 

You may opt-out from:
Receiving Zubia-related emails from us based upon your Personal Information: If you no longer want to receive marketing-related emails from us on a going-forward basis based upon Personal Information collected pursuant to this Privacy Policy, you may opt-out of receiving such marketing-related emails by clicking the "unsubscribe" link that is included at the end of such marketing-related emails.

We will try to comply with your request(s) as soon as reasonably practicable. 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 which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send administrative messages to you. You cannot opt-out from receiving administrative messages, including any billing related emails regarding your hosting account if you have one.
How you can access your Personal Information:

If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Services, or, for certain Personal Information that is not reviewable through the Services, you may contact us in accordance with the "CONTACTING US" section below.
We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information.

USE OF THE SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), nor are such individuals permitted to use the Services; accordingly, we request that such individuals do not provide Personal Information in connection with the Services. If you are the parent or guardian of such an individual who has disclosed Personal Information to us in connection with the Services, please contact us in accordance with the "CONTACTING US" section below, and we will exercise commercially reasonable efforts to remove such information from our databases and storage systems; we are not liable, however, for any consequences of such information, including any delay or failure to remove such information.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed by law.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us by sending an email to legaldept@zubialive.com. Please note that information you submit through email may not be secure; so please do not include credit card information or other sensitive information in your messages to us.

Special Notification for California Residents -- Your California Privacy Rights 

Individuals who are residents of California and have provided their Personal Information to us may request information regarding our disclosures, if any, of their Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at legaldept@zubia.com or in writing at: BAM Wellness Corporation, c/o Delaware Registered Agents and Incorporators, L.L.C., 19 Kris Court, Newark, DE 19702.

California privacy rights requests must include the reference "Request for California Privacy Information" on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.

If you have any questions about this Privacy Policy or the practices of the Site, please contact at legaldept@zubialive.com.

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