Privacy Statement
Zinc recognizes the responsibility of maintaining our consumers’ sensitive personal information safe and secure.
Your privacy is very important to us. We want you to have choices (within the laws) in the way your information is collected and used, and want you to understand those choices. To help with that, we explain below how we gather our online information.
We also provide this information about our privacy policy on our homepage, and at every point where we need to request your personal identity information.
The Information We Collect
This notice applies to all information collected or submitted on the Zinc (and affiliates) websites. On some pages, you can order services, make requests, and register for online access. The types of personal information collected on these pages are required to process the services requested by our clients.
The Way We Use Information
“OA” means such online application. We do not share your personal or financial information with outside parties except to the extent necessary to complete transactions: You hereby agree that Zinc, its parent, subsidiaries, affiliates, and their respective successors and assigns, may collect and use certain information associated with your OA, including, without limitation, any information provided in products and services; with third party business partners with whom Zinc provides joint promotions; and Zinc may share aggregate data if Zinc believes it is necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.), or other legal requirements of any governmental authority; if Zinc believes it would potentially mitigate Zinc’s liability in an actual or potential lawsuit; if Zinc believes it is permitted by law or if doing so will not violate the law; or if Zinc believes it is otherwise necessary to protect Zinc’s rights or property; or is necessary to protect the interests of other users of the Software. In the unlikely event that all or part of Zinc’s business is sold or acquired by a third party, Zinc will transfer such information to the new business owner.
Acceptable Use Policy
You may not use Zinc services for activities that violate any law, statute, ordinance or regulation or relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) are associated with off-shore banking or transactions to finance or refinance debts, (c) involve currency exchanges, (d) involve any third-party debt settlement services, credit transactions or insurance activities, or (e) involve offering or receiving payments for the purpose of bribery or corruption (f) are for the purchase or sale of real property.
Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Zinc account or profile ("Account") and your use of our services. Communications include:
- Agreements and policies, you agree to (e.g., the Zinc User Agreement and the Zinc Privacy Policy), including updates to these agreements or policies; annual disclosures, transaction receipts or confirmations; Account statements and history; federal and state tax statements we are required to make available to you; and any other Account or transaction information.
We will provide these Communications to you by posting them on the Zinc website and/or by emailing them to you at the primary email address listed in your Zinc profile.
Please read carefully all the terms and conditions of this Agreement, terms of these policies and each of the other agreements that apply to you.
We may revise this Agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. By continuing to use our services after any changes to this Agreement, you agree to abide and be bound by those changes.
Authorization (User)
I hereby authorize Zinc, its parent, affiliates and their respective agents and their assignees to initiate, depending on the payment method I select, a single or recurring electronic debit entry/entries to my designated checking, savings account or credit card (“Account”) at my designated financial institution or credit issuer (“Financial Institution”) for which I am an authorized user, as well as any Account or Financial Institution I later designate, for the single or recurring transactions I authorize. I acknowledge that the origination of electronic debits to my Account must be permitted by my Financial Institution, which must be in the United States. I understand that my authorization will remain in full force and effect until Zinc has received written notification from me at least 3 business days prior to my scheduled or next scheduled transfer to terminate this authorization.
If I am using a credit card to conduct a transaction, an authorization hold will be secured on the credit card provided, to cover the deposits or charges and any fees that may be incurred. These funds will not be available for your use. Additional authorizations (holds) will be obtained if I authorize subsequent transactions using a credit card.
To use the payment functionality of Zinc’s application, you may be required to open a "Dwolla Platform" account provided by Dwolla, Inc. or similar third party account and you must accept the Dwolla Terms of Service and Privacy Policy or those of the third party. Any funds held in the Dwolla or other third-party account are held by Dwolla's or others financial institution partners as set out in the Dwolla Terms of Service or those provided by the third party. You authorize us to collect and share with Dwolla or other third party processing partner your personal information including full name, date of birth, social security number, physical address, email address and financial information and you are responsible for the accuracy and completeness of that data. You understand that you may access and manage your Dwolla or third-party account through our application, and Dwolla or other account notifications will be sent by us, not Dwolla or any other party. We will provide customer support for your Dwolla or other third-party account activity, and can be reached at the support@zinc.tech email address.
Authorization (Subscriber)
I hereby authorize Zinc, its parent, affiliates and their respective agents and their assignees to initiate single or recurring electronic debit or credit entry/entries to the entity’s designated bank account or credit card (“Account”) at its designated financial institution or (“Financial Institution”) for which I am an authorized user, as well as any Account or Financial Institution I or the entity later designate, for the single or recurring transactions authorized. I acknowledge that the origination of electronic debits or credits to my Account must be permitted by my Financial Institution, which must be in the United States. I understand that my authorization will remain in full force and effect until Zinc has received written notification from me at least 3 business days prior to my scheduled transfer to terminate this authorization.
You expressly authorize Zinc’s service provider, Dwolla, Inc. or similar third-party processing partner to originate credit transfers to your financial institution account. You authorize Zinc to collect and share with Dwolla or other third-party processors your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data.
Fees
The fees applicable for the use of Zinc services can be found on our Fees page and will be disclosed to you in advance each time you initiate a transaction or a series of recurring transactions. If you use your credit card as the payment method, you may also be charged fees by your card issuer.
Disclaimer
All the materials on Zinc’s Website are provided “as is”. Zinc LLC makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Zinc does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Limitations
Zinc, its affiliates, contractors, and/or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on Zinc’s Website, even if Zinc or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdictions does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
Links
Zinc LLC has not reviewed all the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Zinc of the site. The use of any linked website is at the user’s own risk.
Site Terms of Use Modifications
Zinc may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
Zinc shall be permitted to terminate your access and/or use of Zinc’s service and/or your account upon any violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you shall destroy any downloaded materials in your possession whether it is printed or electronic format.
Confidentiality
The Parties agree that the arbitration proceeding shall be confidential. The Parties further agree that the existence of the arbitration, any information disclosed during the arbitration, and any documents or other materials produced in connection with the arbitration shall be kept confidential and shall not be disclosed to any third party, except as may be required by law or to enforce the terms of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND COMPANY ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS SECTION. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PARTY OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY OR USER.
Severability
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.