Zerve Privacy Policy
(Effective as of March 6, 2005; as amended June 23, 2006)
TABLE OF CONTENTS
  1. Zerve's Commitment to Your Privacy
  2. An Important Note About Children
  3. Information We Collect
  4. Our Use of Your Information
  5. Our Disclosure of Your Information
  6. Your Use of Others' Information
  7. Public Areas
  8. Use of Email Tools
  9. Control of Your Password
  10. Accessing, Reviewing and Changing Your Personal Information
  11. Other Information Collectors
  12. Security
  13. Contacting Zerve Regarding Privacy Policy
  14. Changes To This Statement
  15. Notice
  16. Additional Terms
Your privacy is very important to us. As part of the normal operation of our services we collect and, in some cases, disclose information about you. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. We want you to fully understand our privacy practices. This Privacy Policy is incorporated into and subject to the Terms of Use
If you have additional questions, you may send email to privacy@zerve.com.
The privacy practices of this statement apply to our services available under the domain and subdomains of www.zerve.com ("Site"), as well as all of Zerve's online and offline services ("Service"), including without limitation Zerve's phone call center. By visiting this website, calling Zerve's call center, or using the Service you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Service.
This Privacy Policy describes the information that, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Zerve's practices so that you can make informed decisions.
By accepting the Privacy Policy and the Terms of Use, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Zerve Terms of Use.
Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time. You agree that by using the Site you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described below in this privacy policy.
This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on June 23, 2006, for all users. [The previous amendment to this Privacy Policy was effective for all users on March 6, 2005.]
Children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that are most likely to meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving these purposes.
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our Services, we may require you to provide contact and identity information, billing information, and other personal information as indicated on the forms throughout the Site. You always have the option to not provide information by choosing not to use a particular service or feature.
When you browse through our Site we collect:
  • Basic information about your computer, browser and connection to make sure that we can give you proper information and customer service and for security purposes. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.
  • Aggregate information on what pages consumers access or visit, in order to do internal research and to improve our Services.
If you choose to use any services that require registration, such as signing up as a member, adding yourself to a wait list, buying or selling, we will collect additional information, which might include any of the following:
  • Your name or the name of persons for whom you are buying activities;
  • Information about your business (eg, business name, mailing address and contact information; etc), if you are using Zerve to sell activities;
  • Your email address and telephone number so we can contact you as necessary;
  • A member name and password to use to update your information or use Zerve's services in the future;
  • Credit card information to complete your transactions. (For security purposes, we currently do not store credit card numbers after the session in which you are using them to purchase terminates.)
In specific situations, we may collect, but are not obligated to, other types of information including without limitation the following:
  • If you choose to post content on the Site or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
  • If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Service, we may collect such information in a file specific to you.
  • If you are a seller on Zerve, we also collect other users' comments about you in our feedback area.
Zerve uses your personal information to provide you with the information you request about our Services, to ensure smooth buying, selling and delivery of Activities, to confirm your purchases and to ensure that Buyers are correctly charged and Sellers are correctly paid. The personal information we collect from you will be shared with our service partners who are involved in fulfilling the purchases you have made from us.
a. Transactions, Customer Service, Credit Card Issuers & Quality Assurance
We use contact information to help us efficiently conduct transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with activities for which you purchased tickets (including without limitation event confirmations, changes and cancellations). Users who buy or sell activities may receive a number of emails throughout the transaction process and they may sometimes receive phone calls from our Customer Service department to ensure smooth transactions.
In some cases we may use service providers to help us perform some of these tasks, and consequently we may share your contact information with these service providers. We may also provide your contact information to your credit card issuer, bank, or to credit card processors for their purposes.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe buying and selling; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms of Use; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple member names or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
We use your email address to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Site.
b. Improving Zerve's Service
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. We may use your demographic information to perform business analyses or to tailor the Site and communications to your interests.
c. Contacting You for Offers and Promotions
You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the Terms of Use and Privacy Policy, you expressly agree to receive this information.
d. Service Announcements
On rare occasions it may be necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance, we might send users an email. Generally, users may not opt-out of these communications. However, these communications are not promotional in nature.
e. Providing Sellers with Buyer's Information
Zerve sells tickets for Activities on behalf of Zerve Sellers; Zerve does not produce or otherwise bring you Activities. When you use Zerve to purchase activities, instead of providing your information directly to Sellers, you provide your contact information to Zerve who may then pass that information on to the Sellers on your behalf. In fact, when you purchase or register to purchase activities from Zerve you affirmatively and expressly consent for us to provide your email address, phone number, and other information to the Sellers that bring you the activity. This will allow Sellers to contact you using the email address, phone number, or other contact information you provided if needed. Because Sellers are not part of Zerve, Sellers may use your contact information to communicate with you by sending emails or through other means, and may share your contact information with others. If you want to learn about a particular Seller's privacy policies, or you do not want to receive communications from a particular Seller, or you have other questions, instructions or concerns to which you would like a Seller to respond, then you must contact that Seller directly.
f. Providing Buyers with Seller's Information
By creating a Zerve seller Account or by posting Activities for sale, Sellers are agreeing to communicate information about their offerings to prospective Buyers. This information may include identity information, contact details, information about the business' history on Zerve, along with other information.
As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our Services.
a. Aggregate Information (e.g., Advertisers)
We may share anonymous, aggregated (grouped across all user accounts) demographic information (eg, country, zip code) with business partners and other third parties so that they can make informed decisions on working with Zerve and tailor their communications to the appropriate audience. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you.
b. Zerve Community
Your member name is displayed throughout the Site and throughout other elements of Zerve's Service and marketing, and is therefore available to the public. Many of your activities on the Site and the Service will be identifiable to your member name. Other users can view your activities for sale, your ratings and reviews, your postings on the Site, and so on. Therefore, if you associate your name with your member name, the people you have revealed your name to will be able to personally identify your Zerve actions. Our pages are not coded with robot exclusion headers, and therefore others may attempt to automatically collect your email address from our site. If you are involved in a transaction, we have features that allow the Buyer or Seller on the other end of this transaction to view certain information to facilitate this transaction, such as your contact information. Further, we may, but are not obligated to, send out notices to you or other community members regarding suspicious activity or policy violations on the Site.
c. Co-Brand Partners
From time to time, Zerve may offer third party services from our site (eg, payment processing). If you choose to use these optional services, we will, by necessity, provide some of your personally identifiable information to the Co-Brand Service Provider offering such services. You can, of course, avoid having us make such disclosures by choosing not to use these services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
d. Service Providers & Third Party Intermediaries
We may use third party Suppliers and Service Providers to facilitate our services - we may outsource the operations of one or more aspects of our Service to a Supplier or Service Provider who performs services according to our requirements (e.g., search technology, discussion boards, reward programs). For example, in order for this Web site to properly fulfill its obligation to protect all of its users, it is necessary for us to verify your credit card information with a third party. Therefore we may need to provide some of your personal information directly to these service providers.
e. Legal Disclosure and Business Transfer
We may disclose specific contact information when we determine that such disclosure is necessary to comply with law, to enforce intellectual property rights, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Zerve or other visitors to the Site or users of services or services provided by Zerve. Therefore, intellectual property and other rights owners, and local, state, federal and international law enforcement can request and may receive your personally identifiable information.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Also, your contact information may be passed on to a third party in the event of a transfer of ownership or assets of Zerve. For instance, in the event Zerve goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.
In order to facilitate interaction among Zerve community members, our Site allows you limited access to certain aspects of other users' information. As a seller you have access to the member name, contact and other information of Buyers; and as a buyer you have access to the member name, limited business history, and contact and other information of Sellers.
By entering into our Terms of Use, you agree that, with respect to other users' personal information that you obtain through the Service or through a Zerve-related communication or Zerve-facilitated transaction, Zerve hereby grants to you a license to use such information only for: (a) Zerve-related communications that are not unsolicited commercial messages, (b) using services offered through Zerve and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this Section. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
Zerve and our users do not tolerate spam. To report Zerve related spam to Zerve, please email us at legal@zerve.com.
The Site may provide you with the opportunity to post information for display in areas of the site that are accessible to viewing by the general public ("public areas"), including, but not limited to, bulletin boards, chat rooms and user-submitted activity reviews. This privacy policy does not apply to any information that you submit for use in public areas. We ask that you do not submit any contact information or financial information for display in public areas, as other people who use the Site will see it. If you submit such information for display in public areas, Zerve cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.
You may not use the Email A Friend service, the Contact A Member service, or other email services that we offer to send spam or otherwise send content that would violate our Terms of Use.
If you send an email using any of these services to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
You are responsible for all actions taken with your member name and password, including fees charged to your Account. Therefore we do not recommend that you disclose your Zerve password to any third parties. If you choose to share your member name and password or your personal information with third parties, you are responsible for all actions taken with your Account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password either online or by calling Zerve customer service to have a new temporary password placed on your Account.
Following registration, you can review and change some of the information you submitted during registration. The specific information that can be changed differs depending on whether you are a buyer or seller, among other things, but may include any email addresses, telephone numbers, user preferences, passwords, and other contact or other information you have provided. You must promptly update your personal information if it changes or is inaccurate.
Some information you enter on the Site cannot be changed once you enter it. For example, without limitation, you cannot change your member name and, once posted, you cannot change or remove any public postings you have made in our Rating & Review area.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are browsers, buyers or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since Zerve does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.
a. Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. Most of our cookies are session cookies, meaning that they are automatically deleted from your computer at the end of a session. Like most websites, the Site uses cookies to help it keep track of your purchases and other activity on the Site and enhance your experience on the Site. We also use cookies on certain pages of the Site to help analyze our web page flow and measure promotional effectiveness.
You are always free to decline our cookies if your browser permits. If you decline a cookie, you will still be able to browse our site; however you will not be able to buy or sell.
b. Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring pages, platform type, date/time stamp. IP addresses, etc. are linked to personally identifiable information. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address, etc. to help identify you and to gather broad demographic information about you.
c. Security and Storage
We strive to take all reasonable steps to keep secure any information which we hold about you. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption and Secure Socket Layers. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. Zerve will not be held responsible for events arising from unauthorized access to your personal information.
All of our users' information is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information.
If you have any questions or concerns about this privacy policy or would like to contact us regarding the information you have submitted to us, please contact us by sending an email to privacy@zerve.com stating your questions or concerns. We will strive to respond to your questions or concerns within 7 days.
Due to our commitment to serving all of our users' needs, and the business changes this commitment may require, we may review and amend this Privacy Policy from time to time. If we decide to change our privacy policy, we will post those changes to this privacy statement so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Material changes to this policy will be posted on this website 30 days prior to execution.
Any notices sent to you pursuant to any provisions contained in this Zerve Privacy Policy shall be directed to the electronic mail address on file with Zerve at the time of the notice. Any notice sent by electronic mail shall be deemed received by you on the date sent from Zerve. Any notice to Zerve shall be sent both by electronic mail to legal@zerve.com and by return receipt requested postal mail to Zerve, 333 Hudson Street, 6th Floor, New York, NY 10013, or such other mailing address as Zerve may provide hereafter. Any notice to Zerve shall be deemed received by Zerve on the date of actual receipt by Zerve.
Any terms not contained in the Privacy Policy, including without limitation jurisdiction and dispute resolution provisions, shall be deemed the same as the terms contained in the Terms of Use. Any conflict between the terms of the Privacy Policy and the Terms of Use shall be resolved in favor of the Terms of Use, except where the intent of the parties would require the opposite decision.