tZERO GROUP PRIVACY POLICY

This Privacy Policy was last revised and updated on January 10, 2020.

Thank you for your interest in tZERO. tZERO Group, Inc. (tZERO, we, or us) is committed to protecting the privacy of our users, and we strive to provide a safe and secure user experience.

This Privacy Policy describes how we collect and use the information we collect through the website at www.tzero.com, other websites and applications owned and operated by tZERO, and offline when you contact us electronically, by mail or through our customer service center (together, our Service).

This Privacy Policy does not apply to websites, mobile applications or services operated by third parties, including affiliates of tZERO. Please refer to the privacy policies for those other websites and mobile applications for the data collection, use, and sharing practices applicable to those websites and mobile applications.

This Privacy Policy includes the following Sections. You can jump to particular topics by clicking the headings below:

What Information We Collect AND WHY

The list below includes examples of the types of personal information we may collect from you in connection with our Service:

  • Direct Identifiers, such as your name, e-mail address, mailing and physical address, phone (or mobile) number, zip code; date of birth; account information; photographs, videos, comments, and other content you submit to us; passport, driving license or other form of ID and any other documents you upload for verification.
  • Commercial Information, such as details of queries, complaints, feedback or issues with your Service; and credit card information, banking information and other payment processing information.
  • Internet Activity Information, such as your IP address and other information about how you use the Service, the areas of the Service that you visit, as well as information about your computer or mobile device.
  • Other information you may disclose in your use of the Service, information you may provide by interacting with us through social media, and other information we may request to provide the Service to you.

We describe our sources of personal information in more detail in the HOW WE COLLECT INFORMATION section below.

Why We Collect Information

Purposes for Processing

Depending on the use of the Service, we may process each category of your personal information in order to: (1) process any documents you upload as part of the Service to verify your identity; (2) ensure the security of your information; (3) enable us to respond to you when you contact us; (4) generate internal reports and conduct analytics about the use of the Service; (5) deliver messages like special offers, updates, newsletters, customer service, and service announcements; (6) serve you advertisements when you visit the Service; (7) conduct surveys and to publish the results thereof; (8) ensure legal compliance and exercise our legal rights, such as enforcing our agreements with you; (9) protect you and other users of our Service and third parties; (10) carry out certain internal functions, such as information management, processing, client services, or other data collection relevant to our business; (11) with our third party service providers who provide us with support services; (12) investigate and help prevent potentially unlawful activity or activities that threaten the integrity of the Service; (13) protect and defend our rights or property or the rights or property of others, as required by courts or administrative agencies; (14) in connection with a financing, sale, merger, or reorganization of our business or assets; and (15) with nonaffiliated third parties, so that they may market their products and services to you, where they have a lawful basis to do so.

Legal Bases for Processing

We process your information based on the following legal bases for each of the purposes listed (1)-(15) above. We have listed the relevant purpose against each of these legal bases.

  • Legitimate interests or contract, for example, by sending you our marketing communications and responding to your queries (5, 6 and 7).
  • On the basis of the performance of a contract with you for example:
    • by providing you products or services that you request from us as set out in (1);
    • Providing you with the Service you have requested (1);
    • Ensuring that provision of our services is secure (2);
    • Allowing us to respond to you when you contact us (3);
  • On the basis of our legitimate interests, which include:
    • Conducting analytics on our Service, to help us improve the Service for you (7);
    • Conducting and further developing our business, for example, processing activities required by business management and reorganization needs, such as through understanding how our Services and platforms are used, gaining better insight of our core and target customers and improving Service performance (10);
    • Protecting our rights or property, or the rights or property of our affiliates or associated trust entities, users, or third parties, including processing activities necessary to explore, protect and defend us and/or enforce our legal rights, for example by sharing information with our bankers, lenders, our accountants and auditors, legal and other professional consultants and advisers, arbitrators, parties to an arbitration, credit reference agency and our IT support providers (12 and 13); and
    • Assisting with a current or proposed sale and/or re-organization, either in whole or in part, where it is in our interest to consider how to re-organize, explore new opportunities, grow, divest, or review the structure of our business so that we can implement our strategic corporate plans (14);
    • to provide you with the opportunity to give us feedback about our Service in the form of a survey (to the extent your jurisdiction does not require us to obtain prior consent) (7);
  • On the basis of the compliance with a legal obligation for example if we are required to disclose information pursuant to regulatory or labor law requirements (8).
  • On the basis of consent we may share your information with nonaffiliated third parties, for example, for them to develop their own products or market to you, where they have the requisite legal permissions to do so.
  • With third parties that provide services to us. Among other things, these third parties help us with the administration, operation, and marketing of the Service. This includes hosting, communications, printing, marketing, data enhancement, technical support, payment or transaction processing, and fulfillment of services (11); and
  • To provide you with information that is relevant to you about us and our Service (to the extent your jurisdiction does not require us to obtain prior consent) (8).

In many situations, we have more than one legal basis for processing your information. For example, if you request a verification through our Service, we may collect your information to fulfill our contract with you, but we also collect your information as we have a legitimate interest or legal basis in maintaining your information for record keeping purposes. As a result, our collection and processing of your information is based in different contexts, upon different of those legal bases.

How We Collect Information

We Collect Information through Our Interactions with You

We collect your Direct Identifiers, Commercial Information, Internet Activity Information, and Other Information you provide when you, your client or spouse:

  • Interact with our Service;
  • Request information about our Service;
  • Sign-in and use our Service;
  • Use a social media service, for example, our Facebook page or blog;
  • Sign up for e-mails, mobile messages, social media, or other communications or notifications from us;
  • Enter a contest or sweepstakes, respond to one of our surveys, or participate in a focus group; and
  • Provide us with comments, suggestions, or other input.

We Collect Information Using Cookies and Other Technologies

In addition to collecting data directly from you, we may use cookies, tracking pixels/web beacons and or other technologies to receive and store certain types of information, including your Direct Identifiers and Internet Activity Information. Cookies are pieces of information that may be placed on your computer, tablet, or device for the purpose of facilitating and enhancing your communication and interaction with our Service.

We may use cookies and these other technologies to collect information as follows:

  • Category 1: Strictly necessary. These cookies and other technologies are strictly necessary to enable you to use our Service, for example providing you the Service you have requested.
  • Category 2: User choices. These cookies and other technologies allow us to remember the choices you have made, for example your user name, language used, or country. They may be used for user preferences purposes.
  • Category 3: Third-Party Analytics. These cookies and other technologies are placed by our third-party partners for web analytics purposes. Examples of these cookies and other technologies include Google Analytics and Adobe Analytics. You can opt out of Google Analytics by following the instructions provided at https://tools.google.com/dlpage/gaoptout.

Generally, you may stop or restrict the placement of our cookies on your computer by adjusting your web browser preferences, but please note that this may impact your ability to use our Service, for example, some Cookies we place are to verify your identity and are therefore an important aspect of maintaining security.

We Collect Information from Other Sources

We may also obtain your Direct Identifiers, Commercial Information, and Internet Activity Information from third parties, including business partners, affiliates, associated trust entities, and publicly available sources, that can enhance and add to our information about you (e.g., adding address information). This may improve our ability to contact you and improve the relevancy of our marketing by providing better recommendations or special offers that we think may interest you.

How We Protect the Information We Collect

No method of transmission over the Internet, or method of electronic processing or storage, is fully secure. While we maintain reasonable security measures to protect the confidentiality and security of information we hold, we cannot guarantee the security of your information. In the event that we are required by law to inform you of a breach of your information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

How We Share the Information We Collect

Our Affiliates and Associates

We may share your information with our corporate affiliates and associates (e.g., parent company, sister companies, associated trust entities, subsidiaries, joint ventures, or other companies under common control). We have a legitimate business interest to share data with our group as it allows us to better understand the performance of our Services and how to offer and improve our product offerings across the group. It also assists us with finding operational efficiencies (such as financial efficiencies through sharing IT infrastructure), making use of group level software solutions and improving our technological offerings which form an integral part of our Service.

Service Providers

We may share your information with service providers that provide services to us. Among other things, these service providers help us with the administration, operation, and marketing of the Service and our product offerings across our group. This includes hosting, communications, printing, marketing, data enhancement, technical support, payment or transaction processing, and fulfillment of services. Our service providers may only process your personal information for the purposes of providing services to us.

Other Third Parties

We may share your information with nonaffiliated third parties, for example, for them to develop their own products or market to you, where we and they have established requisite legal permission(s) to do so. Such use is not governed by this Privacy Policy.

Legal Requirements

We may disclose information when we believe disclosure is appropriate to comply with the law, to enforce or apply applicable terms and conditions and other agreements, or to protect our rights, property or safety or the rights, property or safety of our affiliates or associated trust entities, users, or third parties. For example, we may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.

When You Direct Us

We may share your information at your direction or request, through our Service, or otherwise.

With Your Consent

We may ask if you consent to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Policy, and may share your information with your consent.

Business Transfers

If another entity acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage. We also may retain a copy of that information.

How Long We Retain Your Information

We will retain your information for as long as necessary for the purposes described in this Privacy Policy and in accordance with the following principles:

  • For the duration required pursuant to a legal obligation;
  • For the period required by applicable law and regulations, for the activities relating to the service; or
  • For the duration of legal proceedings and the related limitation periods, for processing activities necessary to protect against legal liability and enforce our rights.
International Data Transfers

Our Service is controlled and operated from facilities within the United States. Nonetheless, where required and possible, we take steps to treat your information using the same privacy principles that apply pursuant to the law of the country in which we first received your data.

If you are located in the European Union (EU) or your data is otherwise governed by EU privacy laws, we may transfer your personal information to countries outside the European Economic Area (EEA) for processing in accordance with this Privacy Policy and as permitted by applicable laws. Where this is the case, we will ensure that any transfer is necessary for the performance of a contract between us or a contract in your interest, or any entity receiving your information is subject to laws ensuring an adequate level of data protection as determined by the relevant EEA regulatory authority or will ensure that an adequate level of data protection will be available on the basis of standard contractual clauses that will allow you to directly enforce your rights as a third-party beneficiary.

What Choices and Rights You Have Regarding Your Information

We offer you the rights and choices described in this section. Note that if your information was collected by another party under their privacy policy, we may refer you to that party in order to exercise the choices regarding your data.

Rectify Your Information

We rely on you to update and correct your information. Note that we may keep historical information in our backup files as permitted by law. If our Services do not permit you to update or correct certain information, contact us at the address described below to ask us to rectify information that you think is inaccurate or incomplete.

Opting Out of E-mail, Telephone and Text Message Marketing

When we send you promotional emails based on your consent or as permitted by applicable laws, you have the right to unsubscribe. You also have the ability to unsubscribe to promotional e-mails by following the unsubscribe instructions in e-mails. Please allow us up to 10 business days to implement your request to unsubscribe. Note that even if you decide not to receive promotional emails, we may still send you service related communications.

We may distribute mobile coupons and text messages to your mobile device if you have requested this information via an opt-in request. You may opt out of receiving text messages and mobile coupons via the texts you receive.

If you do not wish to receive promotional telephone communication from us, call us at (800) 843-2446 to opt out. This opt out does not apply to operational communication, for example, confirmation of delivery address.

Additional Rights for Individuals Located in the EEA

If you are located in the EEA, you may have additional rights with regard to your personal information. To the extent required by applicable EEA laws, we will grant you the following additional rights, provided we can adequately verify your identity:

  • Access to Your Personal Information. You may request access to your personal information by contacting us. If permitted and required by law, we will grant you reasonable access to the data that we have about you.
  • Deletion of Your Personal Information. Typically, we 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 permitted by law. You may, however, request information about how long we keep a specific type of data, or request that we delete your personal information by contacting us at the address described below. If permitted and to the extent required by law we will grant a request to delete personal information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, in pursuit of a legal action, to detect or monitor fraud, to resolve disputes, or to enforce our agreements with you.
  • Objection to Certain Processing. You may object to our use of your personal information by contacting us. For example, for individuals located in the EU (or where EU data protection law otherwise applies) you have the right to object to direct marketing and in some circumstances the right to object to certain automated processing operations.
  • Right to restrict processing. At your request, we will limit the processing of your information in certain circumstances, for example where: (i) you dispute the accuracy of your information; (ii) your personal information was processed unlawfully and you request a limitation on processing; (iii) we no longer need to process your information but you require your information in connection with a legal claim, or (iv) you object to the processing pending verification as to whether an overriding legitimate ground for such processing exists.
  • Right to data portability. Where permitted and required by law, you have the right to receive your information in a structured, commonly used, and machine-readable format in certain circumstances.
  • Revocation of Consent. You may revoke any prior consent for the processing of your personal information. If you revoke your consent, then we may no longer be able to process your personal information or provide that part of the Service that relies upon such consent. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so.

Your California Privacy Rights

California residents are entitled to the following privacy rights listed below.

  • The right to know. You have the right to request to know (i) the specific pieces of personal information we have about you; (ii) the categories of personal information we have collected about you in the last 12 months; (iii) the categories of sources from which that personal information was collected; (iv) the categories of your personal information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your personal information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your personal information. Generally:
    • Within the preceding 12 months, tZERO has collected the categories of personal information detailed in the section titled WHAT INFORMATION WE COLLECT above.
    • tZERO has disclosed the following categories of personal information in the preceding 12 months: Direct Identifiers; Commercial Information; Internet Activity Information; and Other Information you have disclosed to us through your use of the Services.
    • tZERO does not and will not sell your personal information.
  • The right to deletion. You have the right to request that we delete the personal information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we deny your request for deletion, we will let you know the reason why.
  • The right to opt out of the sale of your personal information. You have the right to opt out of the sale of your personal information. tZERO does not and will not sell your Personal Information. If we change our business practices, we will notify you and honor your right to opt out of the sale of your personal information.
  • The right to equal service. If you choose to exercise any of these rights, tZERO will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of tZERO’s websites or services.

You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, contact us at (855) 334-8608 or complete our California Consumer Request form available here.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected personal information. If you have an Account with us, we will use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the personal information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your personal information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

Shine the Light: This Policy describes how we may share your information, including for marketing purposes. California residents are entitled to request and obtain from tZERO once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. You may submit your request to [email protected] and include Shine the Light in the subject line of your email.

Additional Information

Important Notices and Transactional E-mail

From time to time, we may send non-commercial electronic email messages with important information about us or our Service to your email address. Please note that any opt-out will not apply to other communications that will be provided to you or any entity or trust that you are the contact point for in relation to your transactions with us, in agreement with us, or where required by law.

Third Party Websites and Services

Our Service contains links to other websites and services not maintained by us or our affiliates or associates. In addition, other websites and services may also reference or link to our Service. Use of such third-party websites is subject to the terms of use and privacy policies of those third parties. We do not control the privacy policies or practices of these third-party websites. We encourage you to be aware when you enter or leave our Service, or surf the Internet, and to read the privacy statements of each website and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services.

Compliance with State and Federal Laws

Certain regulations issued by state and/or federal government agencies may require us to maintain and report demographic information on the collective activities of our membership. We may also be required to maintain certain of your information to be in compliance with applicable federal and state laws regarding recordkeeping, reporting and audits.

Do Not Track

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include Do Not Track instructions.

Privacy Policy Revisions

We may change this Privacy Policy and our information collection, use, and sharing practices over time. To the extent that our Privacy Policy changes in a material way, we will notify you in advance of the changes taking effect. Any modified Privacy Policy will supersede the revised Privacy Policy and, unless otherwise stated, will apply to the information we maintain about you.

How To Contact Us Regarding This Privacy Policy

If, at any time, you have questions or concerns about this Privacy Policy, please contact us through our contact page or at:

tZERO Group, Inc.
285 Fulton Street, FL 58
New York, NY 10007
Attention: Legal Department
[email protected]

If you are not satisfied with our response, and are in the EU, you may have a right to lodge a complaint with your local supervisory authority.