Last Revised: February 18, 2018.
Thank you for visiting www.zensensa.com, referred to herein as “this website”.
We take Children’s Privacy very seriously. Our Terms & Conditions only allow this web site to be accessed by persons eighteen (18) years or older. Due to the age restrictions of this web site, none of the information obtained by this web site falls within the Child Online Privacy Act (COPA).
However, if your minor child has provided us with personally identifiable information, you may contact us at the phone number or mailing address listed in Section 8 herein if you want this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.
Information We Collect
A. Personally Identifiable Information
In order to serve our customers, we collect personally identifiable information, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. We will only use your personal information for the following purposes: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the terms and conditions; (3) for content improvement and feedback purposes; (4) to reach you, when necessary, regarding your use of the web site or product(s), and (5) for the few situations described below to better serve you.
We will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third party offers that we may send to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service. We may also use this information to contact you about joint venture opportunities if it appears that you would be a suitable joint venture partner.
By submitting your email address on this web site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.
By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us.
In addition, you agree that by submitting your telephone contact information on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR ‘310 et seq. and any applicable state and local “do not call” regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.
B. Non-Personally Identifiable Information
We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better. For example, we may use such data to tailor our advertisements, develop proper survey questions, improve our business, etc.
As another example, we may use session and persistent “cookies,” session logs, web beacons, GIF/pixel tags, banner ads, third-party click tracking analytics tools (such as Google Analytics), third party re-targeting networks that may display our advertisements to you on other sites that you visit to remind you about us, and third party networks that serve user-requested emails (e.g., for a refer-a-friend email) to collect non-personally identifiable or other aggregated information about site visitors.
Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and county) associated with the applicable IP address.
If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site or items on this site that you choose to share with a third-party social media site.
Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other devices.
Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.
Please note that you do have the option to configure most web browsers to NOT accept cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our web site or the web-hosted software that runs on our web site.
We do not control and are not liable for the actions of any third parties who we may promote and/or link to from this site. We pride ourselves in recommending quality companies but have no control over the actions of those third parties, the content they provide, or their privacy practices. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers.
We take Children’s Privacy very seriously. Due to the age restrictions of this web site, none of the information obtained by this web site falls within the Child Online Privacy Act (COPPA) and we do not knowingly intend to collect personally identifiable information from children under 18 years of age. If your minor child has provided us with personally identifiable information, you may contact us at the phone number or mailing address listed in the section entitled “Contacting Us” if you want this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.
We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.
Commitment to Data Security
All information collected from you is stored in a technically and physically secure environment. Furthermore, employees, contractors, and vendors who have access to your personally identifiable information in connection with providing services for us are required to keep the information confidential.
We use SSL encryption to protect sensitive information online, and we do everything we can to protect user-information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.
If you need to contact us, you can email us at [email protected]
Note To California Residents
If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.
If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Please send an email to the Privacy Administrator at [email protected]
All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own record-keeping.
We do not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly or do not have complete information.
This SMS message program is a service of ZenSensa. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from ZenSensa. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give ZenSensa permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message; data rates may apply.
Message frequency may vary. ZenSensa reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. ZenSensa also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
<p>Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. ZenSensa, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
</span> and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from <span class=”name”>Zen Sensa</span> through any other programs you have joined until you separately unsubscribe from those programs.</p>
<h2>Help or Support</h2>
<p>Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.</p>
<p>TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.</p>
<h2>Limitation of Liability</h2>
<p>TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF <span class=”name”>Zen Sensa</span> OR ANY PARTY ACTING ON BEHALF OF <span class=”name”>Zen Sensa</span> BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO <span class=”name”>Zen Sensa</span> HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF <span class=”name”>Zen Sensa</span> HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE <span class=”name”>Zen Sensa</span> MESSAGING PROGRAM. <span class=”name”>Zen Sensa</span> AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.</p>
<p>To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless <span class=”name”>Zen Sensa</span>, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from <span class=”name”>Zen Sensa</span> or its service providers.</p>
<li class=”mb-2″><strong>General.</strong> Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from <span class=”name”>Zen Sensa</span> or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND <span class=”name”>Zen Sensa</span> ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.</li>
<li class=”mb-2″><strong>Exceptions.</strong> Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or <span class=”name”>Zen Sensa</span> to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.</li>
<li class=”mb-2″><strong>Arbitrator.</strong> Any arbitration between you and <span class=”name”>Zen Sensa</span> will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.</li>
<li class=”mb-2″><strong>No Class Actions.</strong> YOU AND <span class=”name”>Zen Sensa</span> AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and <span class=”name”>Zen Sensa</span> agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and <span class=”name”>Zen Sensa</span> are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.</li>
<li class=”mb-2″>No Class Actions. YOU AND <strong><span class=”name”>Zen Sensa</span></strong> AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and <strong><span class=”name”>Zen Sensa</span></strong> agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.</li>
<li class=”mb-2″><strong>Modifications to this Arbitration Provision.</strong> Notwithstanding anything to the contrary in these Messaging Terms, if <span class=”name”>Zen Sensa</span> makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to <span class=”name”>Zen Sensa</span>’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and <span class=”name”>Zen Sensa</span>.</li>
<li class=”mb-2″><strong>Enforceability.</strong> If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.</li>
<h2>Changes to the Messaging Terms</h2>
<p>We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from <span class=”name”>Zen Sensa</span> after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.</p>
<p>These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and <span class=”name”>Zen Sensa</span> concerning the Messaging Program.</p>
<p>Please contact us with any inquiries or concerns at [email protected].com or write to us at: <span class=”address”>London Road</span>.</p>
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