zmartDeal Privacy Policy

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Privacy Statement

ZmartDeal Privacy Policy and Website Terms of Use

ZmartDeal Marketing and Sales Inc. Privacy Policy

Effective January 15, 2008

Zmartdeal Marketing and Sales Inc. (hereinafter “ZmartDeal”), is committed to provide you a safe and secure online shopping experience. We will use our best efforts to protect your privacy. Our Privacy Policy explains our online information practices regarding what customer information we collect, how it is used and what we do to ensure proper handling of your personal information. This Privacy Policy is available on our homepage and wherever personal information may be requested.

1. Customer Privacy

We respect your privacy. While we need to obtain personal information from you to provide you with our products and services, we do not sell, rent or loan your information to third parties.

2. Information We Collect and How We Use It

We collect personal and non-personal information. The personal information we usually collect includes your name, address, e-mail address, telephone number and credit card details. If you buy gift cards and gift certificates that you want us to send directly to another recipient, or you personalize the order for another person, then we need to collect the recipient’s name, address and telephone number as well. The non-personal information we collect is used to summarize customer information for statistical purposes in an aggregate and non-identifiable format.

With your consent we may use your personal information to: provide you with product and services you have requested, processing your orders, keeping track of transactions and reporting status back to you, communicating with you, recommending products and services that we think you’ll find valuable, preventing fraud and complying with legal requirements.

We may use non-personal information in the format of non-identifying and aggregate statistics about web site user demographics, traffic patterns, web site purchases and other web site related information to improve the products and services we provide to you, the web site design and to share such reports with advertisers and others. But these statistics will not contain any personal identifying information.

You can choose not to provide us with your personal information, but in this case we may not be able to provide you with the products, services or information you requested. You can register with our website to receive information and updates on new products and services. The information you submit on our website (name and e-mail address) will be used only for the purpose of sending you such information at your request.

3. Your Consent

Sometimes your consent is implied if we ask you to provide personal information for a declared purpose. An example is the order fulfilling process, when we can deliver the products to you only if you provide us with your name, address and telephone number.

We ask for your express consent to use your personal information when we notify or advise you of products or services that we think may be valuable to you. You express your consent when you choose voluntarily to register on our web site to receive information about new products and services. You always have the opportunity to “opt out” or unsubscribe by sending us an e-mail at customerservice@zmartdeal.com with 'unsubscribe' as the subject line, or by contacting us at 403-262-5803.

4. Underage Users

We strive to protect the privacy of youth, that’s why we do not collect or maintain information on our site from individuals we actually know to be under 18. By using this website you represent and warrant that you have the right, authority and capacity to agree to and accept this agreement and to follow and be bound by these terms and conditions.We do not target anyone under 18 through our website or any other marketing practices and materials.

5. Data Security

ZmartDeal uses sophisticated encryption and authentication tools to protect sensitive personal information transmitted online. Our ordering process is backed by Secure Socket Layer (SSL) encryption that makes the information unreadable. And off-line we make our best efforts to protect the privacy of your customer information.

6. Disclosure of Information to Third Parties

ZmartDeal does not sell, trade or rent your personal information to third parties. We do not share the personal information you provided us with third parties except to the extent necessary to provide products and services to you and complete your orders. We may employ other companies and individuals to perform duties on our behalf such as: fulfilling orders, delivering packages, sending postal mail and e-mails, processing credit card information, providing marketing assistance and customer services. Such companies and individuals will have access to personal information needed to perform these duties, but cannot use it for any other purposes and only in accordance to federal and provincial privacy legislation. We may disclose your information to comply with legal or governmental requirements.

7. Contests, Promotions and Surveys

Occasionally we may run contests, promotions and surveys. If you choose to participate you may be asked for contact information and additional optional survey information (for example product preferences). The information we collect from the contest entries will be used to contact you if you win. All contests are subject to rules available with each specific contest. The information we collect from surveys will be summarized in aggregate, non-identifying reports for statistical purposes.

8. Cookies

Cookies are used to track traffic from this web site to third-party web sites.

9. Links to Other Web Sites

Our web site contains links to other web sites or internet resources. ZmartDeal has no control, responsibility or liability for these other web sites and internet resources and how they collect, use and disclose your personal information. It is the responsibility of every individual to read the privacy policy of any web site he or she visits.

10. Access to Personal Information

You can access your personal information by logging in with your username and password. You can easily review, correct or update it if you wish. For your protection, when speaking with our customer service representatives, we may request proof of identity before we are able to disclose sensitive information, granting access, receiving orders or making corrections.

11. Personal Information Review/Change of Preferences

You can ask to review what personal information was retained, how it was used and to whom it was disclosed, we will validate your identity and after that give you access to your personal information. If you change your preferences and do not wish to receive any further communications from us, please let us know and we will comply. If you no longer wish to be contacted regarding products and services, send us an e-mail to customerservice@zmartdeal.com with 'unsubscribe' as the subject line, or call us at 403-262-5803.

12. Privacy Policy

Any personal information provided or to be collected on ZmartDeal.com, is controlled by ZmartDeal. The ZmartDeal representative responsible for overseeing the compliance with federal and provincial privacy legislation is the Chief Executive Officer, Daniela Andrei. The CEO may designate others to act on her behalf to investigate any privacy matters raised. If you have questions or concerns about this Privacy Policy, please contact us at:

E-mail: customerservice@zmartdeal.com

Telephone: 403-262-5803

Write us at: ZmartDeal Marketing and Sales Inc.

140 10 Ave. SW

Suite # 2004

Calgary, AB T2R 0A3

We will respond to your questions and concerns as quickly as possible.

13. Privacy Policy Change

This Policy may change from time to time to reflect changes in our services, business processes or technology. We will change the date

of the Policy to indicate when the changes became effective.

Website Terms of Use

1. Acceptance of This Agreement and General Terms
Welcome and thank you for choosing ZmartDeal.com! This is a legal agreement between you and all persons you represent, and ZmartDeal Marketing and Sales Inc. (“ZmartDeal”), which governs your use of zmartdeal.com website (“Site”) and all the content, information, products and services made available to you through this Site. Please read it carefully, as you agree to be bound by the terms and conditions of this agreement if you choose to use this Site. If you do not agree with these terms and conditions, please do not use this Site. ZmartDeal reserves the right to change this Agreement and the Site content without notice. If so, a revised agreement will be posted and after that you agree to be bound by the revised agreement. If any clause of this Agreement will be deemed unenforceable, it will be revised so as to make it enforceable, without affecting all other clauses which shall remain in full force and effect. This Agreement is additional to any other agreements you might have with ZmartDeal.

2. Underage User

You can purchase products and services from ZmartDeal.com only if you are 18 years or older, or under the supervision of a parent or guardian. By using this website you represent and warrant that you have the right, authority and capacity to agree to and accept this agreement and to follow and be bound by these terms and conditions. ZmartDeal has the right, at its sole discretion, to refuse service, cancel orders or terminate you account.

3. Ordering and Shipping

Currently you can order products and services from ZmartDeal only if you reside in Canada. We do not ship products to other countries.

4. Product Availability and Prices, Errors

Pricing and availability of products and services offered on ZmartDeal.com are subject to change without notice or liability to you. We strive to provide accurate and correct information on our Site, however we make no representations or warranties regarding the information accuracy or correctness. Errors or inaccuracies may occur, case in which ZmartDeal.com reserves the right to refuse or cancel an order, even if confirmed and paid for (if your credit card has been charged) and to fully refund you for the amount charged. All prices are quoted and payable in Canadian dollars.

5. Registration and Security, Credit Card Transactions

In order to use certain areas and features of the Site, you may have to register with ZmartDeal.com. For example, if you want to set up an account with us, or want to receive information about new products and services. Any personal information you provide during registration is subject to our privacy policy. However, by registering for an account with ZmartDeal.com you are fully responsible for keeping the account username, password and related account activity secure and confidential. If you register, you agree to provide true, accurate, current and complete information about you (registration data). If you fail to comply with these terms, ZmartDeal may terminate your account or take any other action at its sole discretion, without any notice or liability to you. Your purchases on zmartdeal.com are identified as “ZmartDeal Marketing and Sales Inc.” on your credit card.

6. Privacy and Security of Your Personal Information

All information you provide is subject to the above privacy policy. ZmartDeal uses sophisticated encryption and authentication tools to protect sensitive personal information transmitted online. Our ordering process is backed by Secure Socket Layer (SSL) encryption that makes the information unreadable. And off-line we make our best efforts to protect the privacy of your customer information. However, we cannot guarantee the security of information transmitted to or from our website and you do so at your own risk. Therefore we strongly encourage you to sign off your account, close your browser window and clear your cache after each use of the Site and keep your account username, password and activity confidential.

7. Ownership and Permission to Use the Site

Zmartdeal.com is owned and operated by ZmartDeal Marketing and Sales Inc. (“ZmartDeal”). The Site and its content, including all information in text and graphical forms, logos, text, offers, images, photographs and illustrations is the property of ZmartDeal Marketing and Sales Inc. and its content providers, and cannot be used without the express written consent of ZmartDeal Marketing and Sales Inc. The Site content as well as the collection, arrangement and assembly of all content on the zmartdeal.com website is the property of ZmartDeal Marketing and Sales Inc. and is protected by Canadian copyright, trademarks and other laws. The Site is made available to you for your personal, non-commercial use, as a shopping resource and your use of this website does not transfer you any ownership or other rights in the website or its content. Any other use of the website and its content including the copying, imitation, mirroring, reproduction, modification, distribution, transmission, republication, display, uploading, posting, in whole or in part, is strictly prohibited without the express written consent of ZmartDeal Marketing and Sales Inc.

8. Copyrights and Trademarks

“ZmartDeal” name as well as other names and logos posted on this website are registered or unregistered trademarks, service marks, trade names and logos owned by ZmartDeal Marketing and Sales Inc. and its content providers. Their use is strictly prohibited. ZmartDeal Marketing and Sales Inc. and its suppliers expressly reserve all property rights in all text, slogans, graphics, offers, products, images, illustrations and other materials contained on this Site and no right or license is granted in connection with your use or the materials contained on this Site.

9. Dealing with Merchants

ZmartDeal has signed contracts with all merchants featured on our website. Pursuant to these contracts, each merchant has agreed to:

Redeem their gift certificates sold through ZmartDeal at full face value before the expiration date printed on the gift certificates (if an expiration date applies).
Redeem gift certificates same as cash to buy products and services without restrictions unless otherwise specified in their listing details
Provide you with a credit or refund for any unused portion of the gift certificate you can use later (the type of credit or refund is determined by each merchant, at its sole discretion; please note that gift certificates may not be redeemed for cash).
If you experience any difficulties with redemption of gift certificates bought from ZmartDeal please let us know immediately, and we will deal directly with any such merchant who fails to respect its contractual obligations.

10. Risk of Loss

The delivery of all products purchased from Zmartdeal.com relies on shipment contracts with third party carriers. The risk of loss and title for purchased items pass to you upon our delivery of your order to third party carriers. ZmartDeal is not responsible or liable for lost orders once the purchased items have been turned over to third party carriers.

11. Returns/Exchanges and Shipping Errors

Gift Cards and gift certificates give you the freedom to buy whatever you want from a merchant. You don't get stucked with a product that you ordered and don't like. But if for whatever reason you are not satisfied with your purchase, please contact the supplier. Our merchants have agreed to accept and honor all gift cards and gift certificates sold by ZmartDeal same as cash, without restrictions, unless explicitly stated on the gift cards and gift certificates and/or on their product description page on this web site, and provide consumers with a refund for any unused balance in the form of cash, voucher or store value credit according to their policies and as required by law. Please note that gift cards and gift certificates may not be redeemed for cash. If ZmartDeal has mistakenly shipped you a wrong product, please send it back to us and we will ship you the correct product on our cost as soon as we have received the wrong one from you.

12. External Links/Resources

Our Site may contain links to other sites and resources. ZmartDeal does not control and has no responsibility or liability for their content. You use of these sites and resources and any dealing arising from your use of these sites is at your sole risk. ZmartDeal will not be held responsible or liable to you for loss or damage of any sort incurred from your dealing with these third parties or any use of their sites and resources.

13. Comments and Unsolicited Submissions

Any comments, suggestions and other unsolicited information submitted to ZmartDeal shall be owned exclusively and in perpetuity by ZmartDeal, to which you grant a perpetual, royalty-free, unrestricted and exclusive right to use, reproduce, disclose, publish and distribute any material you submit, without restriction and without the obligation to compensate you in any way.

14. Indemnification

You agree to indemnify and hold us, our officers, directors, employees, suppliers, content providers, affiliates or other representatives, harmless from and against any and all loss, damages, claims, costs and expenses, including attorney’s fees, arising from or in relation to your use of this site.

15. Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY ZMARTDEAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE OPERATION OF THIS SITE OR THE CONTENT, INFORMATION OR PRODUCTS PROVIDED ON THIS SITE. ZMARTDEAL EXCLUDES TO THE FULL EXTENT PERMISSIBLE BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. Liability Exclusion

UNDER NO CIRCUMSTANCES SHALL ZMARTDEAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF, OR IN RELATION TO THIS SITE, YOUR USE OF OF, ITS CONTENT, OUR SERVICES OR THE PRESENT AGREEMENT, EVEN IF ARISING OUT OF NEGLIGENCE AND BREACH AND EVEN IF ZMARTDEAL MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEING INCURRED.

17. Termination

The terms of this agreement are effective until terminated by either you or ZmartDeal. You may terminate this agreement at any time by discontinuing any further use of this website. Zmartdeal may also, in its discretion, at any time terminate this Agreement or your permission to access and use the website without any notice or liability to you, if in our sole discretion we consider that you didn’t comply with the terms and conditions of this agreement. If this agreement or your permission to access and use the website is terminated for any reason, then this Agreement and all other existing agreements between you and ZmartDeal will continue to apply and be binding upon you in connection to your prior access and use of the website and anything related to or arising from that.

18. Governing Law and Dispute Resolution

This agreement, your use of this Site and any related matters are governed by the laws of Alberta, Canada. Any disputes between you and ZmartDeal arising from or in relation to this agreement, the Site, your use and access of the Site and any related matters will be resolved before the Courts of Calgary, Alberta.

19. Contact Information

For questions or concerns, please e-mail us at customerservice@zmartdeal.com, or call us M-F, 9AM - 5PM at 403-262-5803.

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