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USER AGREEMENT

The texts hereunder describe the terms on which ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools) offers you access to its services.

Introduction

Welcome to Apricool™, a platform belonging to the ZEST SPRL/BVBA company. By using the services of ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools), you agree to the terms hereunder. If you have any questions, please contact us on contact@zestforleaders.com

This Agreement is effective on January 1, 2010, for current users, and upon acceptance for new users.

Scope

Before you may use the services of ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools), you must read until the bottom of the scroll and accept all of the terms in, and linked to, this User Agreement and its related Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use ZEST sites or services, or when you use the tools we make available to interact with ZEST sites and services (including 16-APRI™, Apricool™ and their related sites, services and tools). If you use another ZEST site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some ZEST sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.

Using ZEST sites, services and tools

While using ZEST sites, services and tools, you will not:

  • post inappropriate content or items on our sites and services;

  • violate any laws, third party rights or our policies;

  • use our sites, services, or tools if you are temporarily or indefinitely suspended from using our sites, services, or tools;

  • use our sites, services or tools without the consent and assistance of your parents if you are under the age of 16 or in a similar status (legal infancy, etc.)  

  • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

  • transfer your Apricool™ member ID to another party without our consent;

  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm Apricool™, or the interests or property of Apricool™ users;

  • export or re-export any Apricool™ tools;

  • copy, modify, or distribute rights or content from the Apricool™ sites, service, or tools or Apricool™ copyrights and trademarks; or

  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing ZEST sites, services and tools

ZEST works to keep its sites and services working properly and safely. Please report problems, offensive content, and policy violations to us.

ZEST works to ensure that no content on its sites and services infringes upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us on contact@zestforleaders.com and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our services and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.

You acknowledge that ZEST may establish general practices and limits concerning use of its services, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on ZEST servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the ZEST services in a given period of time.

You agree that ZEST has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that ZEST reserves the right to log off accounts that are inactive for an extended period of time or cancel unconfirmed accounts, or to modify or discontinue ZEST sites, services, or tools. 

Limitation of Liability

You will not hold ZEST responsible for other users' content, actions, or inactions. We do not guarantee the quality, safety, or legality of items advertised on ZEST sites and services.

We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools as they may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to 100 €.

Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, sell, trade, resell, exploit for any commercial purposes or publicly display any content (except for your information) from the sites without the prior express written permission of ZEST and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or

  • bypass the measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your individual personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important principle. We store and process your information on computers located in Germany that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Trademark Information

The ZEST and zestforleaders.com logo, the Apricool™ and Apricool.com trademarks, service marks and baseline ("It's cool to know") and other ZEST logos and product and service names are trademarks of ZEST. Without ZEST prior permission, you agree not to display or use in any manner, the ZEST Marks.

Notice and procedure for making claims of copyright or intellectual property infringement

ZEST respects the intellectual property of others, and we ask our users to do the same. ZEST may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ZEST the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Resolution of Disputes

If a dispute arises between you and ZEST, our goal is to provide you with neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ZEST agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections above or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending a mail to contact@zestforleaders.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Would these dispute resolution procedures fail, further steps are subject to the Belgian law and to Belgian courts except when specified differently in the law.

 

PRIVACY POLICY

Scope

This Privacy Policy describes how we handle your personal information for our services on ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools). It applies generally to the zestforleaders.com and apricool.com websites and contents and other related websites where this policy appears in the footer of the page. Some ZEST-branded websites or websites we operate may be governed by separate privacy policies. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website.

By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on January 1, 2010.

Collection of data

You can browse our sites 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 provide us with personal information, you consent to the transfer and storage of that information on our servers located in Belgium, in Ireland or in Germany. We may collect and store the following personal information:

  • email address and physical contact information;

  • personally identifiable and demographic data that you submit to us as well as data that we automatically collect on you ;

  • shipping and other information you provide to ship an item;

  • community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;

  • other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

  • additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address);

  • information from other companies, such as demographic and navigation data; and

  • other supplemental information from third parties, as permitted by law.

We will then use such information to:

  • Determine for which specific surveys you and your household qualify, based on demographics and indicated interests, and contact you for participation; and / or

  • Send product samples tailored to your habits, interests and preferences for testing; and / or

  • Award and publicize contest prizes, or provide other rewards that you expressed an interest in; and / or

  • Verify integrity of submitted information; and / or

  • Prevent members that were found in violation of the User Agreement from repetitive enlisting on our panels.

In order for us to determine which survey opportunities are appropriate for you and your household, we may need to request additional personally identifiable information. When we request such information, we clearly disclose what details are required and how your ability to participate in our services will be impacted if you choose not to provide requested information.

When this information is presented to ZEST clients, individual participants’ names and addresses are not included.

We may transfer your data to carefully selected partners in countries outside your originating country for processing purposes on our behalf and under strict contractual protection. In such an event, the information may have to be made available to the countries’ government agencies under a lawful order made in that country. The level of data protection may vary from country to country. However, ZEST complies to meet national security, public interest or law enforcement requirements.

Further use of data

In addition to identifying survey projects you may qualify for, ZEST uses the data you provided us in statistical modeling to better understand trends among the general population. When we perform this statistical modeling, we never release names or other personally identifiable information.

Your answers to our personality questionnaires (other than the pre-requisite) and to our brand surveys are first made anonymous, then organised and analysed along various criteria and the results of these analyses are shared with ZEST clients; exceptions to this are detailed below under “our disclosure of your information”.

In some cases, clients require personally identifiable information from your panel membership account to send out product samples that you or your household indicated interest in testing. Clients that receive survey participants’ personal information are required to sign a non-disclosure agreement. There is no risk that you or your household will be targeted or contacted for other marketing purposes as a result of this process.

Should ZEST have a need to use personally identifiable information for another purpose than those stated within this Privacy Policy, we will request your permission before doing so.

About children

We never knowingly collect personally identifiable information directly from persons below the age of 16. If we would like the opinions of children or young persons who are under age 16 in your household, we will explicitly address the survey to the adult registered panel member and ask him/her to supervise the answering of the questions to be asked of the child. The way in which the opinions of children or young persons will be used will always be stated explicitly at the same time the question is asked and we will not require a child to disclose more information than is reasonably necessary to participate in an activity. The registered panel member may at any time ask to have a child's information deleted, and refuse to allow further collection or use.

Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

  • provide the services and customer support you request;

  •  

  • prevent potentially prohibited or illegal activities, and enforce our User Agreement;

  •  

  • customize, measure and improve our services, content and advertising;

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  • tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your interests; and

  •  

  • compare information for accuracy, and verify it with third parties.

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Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your personal information with:

  • Service providers under contract who help with our business operations (such as affiliate and rewards programs). There is no risk that you or your household will be targeted or contacted for other marketing purposes as a result of this process.

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  • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

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  • Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, and contact history.

  •  

  • Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

  •  

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Information You Share on ZEST sites, services and tools

If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from ZEST, may also be visible to other individuals who use the computer after you.

Once you make a public posting, you may not be able to change or remove it.

Using Information from ZEST sites, services and tools

ZEST enables you to share personal information with other people. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your contact person before choosing to share your information.

Cookies

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety. For more information about why we use cookies, contact us on contact@zestforleaders.com

A few important things you should know about cookies are that:

  • We offer certain features that are available only through the use of cookies.

  • We use cookies to help identify you and maintain your signed-in status.

  • Many cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.

  • You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites, services and tools.

No Spam, Spyware or Spoofing

Make sure to set your ZEST communication preferences so we communicate to you as you prefer. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. If you send an email to an email address that is not registered in our community (via Invite Friends or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

Account Protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your ZEST password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. 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 notify ZEST and change your password.

Removal from the panel (withdrawal of consent)

You may freely revoke the consent you provide at our website at any time by sending an email to contact@zestforleaders.com. Upon receipt of your revocation, all of your personally identifiable data will be made anonymous as soon as technically possible.

Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our ZEST User Agreement, and take other actions otherwise permitted by law.

Right to access and to rectify your Personal Information

You have, directly, access to the data processed by us.

This access concerns also the right to have the communication:

  • in an intelligible form of the data undergoing processing and of any available information as to their source;

  • of the identities of the persons who have had access to your data and the moment of this access (log file).

This access is free of charge.

You have the right to demand us the modification of your data which are inaccurate. The exercise of this right is free of charge.

The demand of access or rectification is addressed to contact@zestforleaders.com or at our address: ZEST SPRL-BVBA, Avenue Emile Duray 58 at B-1050 Brussels, Belgium.

Security

Your information is stored on our servers located in Belgium, Ireland and Germany. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. ZEST does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

Links to other sites

The ZEST sites, services and tools (including 16-APRI™, Apricool™ and their related sites, services and tools) provide links to other World Wide Web pages that provide additional opportunities and information from third parties. ZEST 's privacy policy cannot and does not apply to external Web areas. Even if a business partnership or third party affiliation exists between ZEST and the operator of a linked Web page, once you depart the ZEST or Apricool™ site you are subject to the linked site's privacy policies and procedures. Because ZEST has no control over such Web operators, you should consult each Web site's privacy policy before providing personally identifiable information. However, we invite you to contact us if you have concerns about privacy policies of sites linked on contact@zestforleaders.com as we will use your feedback to determine whether to continue providing those links.

Contact information

For any questions, complaints, comments or suggestions, please contact us by e-mail at contact@zestforleaders.com or under our following address: ZEST SPRL-BVBA, Avenue Emile Duray 58 at B-1050 Brussels, Belgium.

Please provide your email address when contacting us.

General

We reserve the right to update and amend this Privacy Policy at any time by posting the amended terms on this site. Therefore, we encourage you to refer to this Privacy Statement on an ongoing basis.

All amended terms automatically take effect 30 days after they are initially posted on the site.

 

THANK YOU - WE APPRECIATE AND VALUE YOUR PARTICIPATION !

I have completely read the user agreement and the privacy policy and I give authorisation to Apricool™ to send me emails, e.g. if I have won a prize.

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