Privacy Policy

Last updated 28th May 2020

Taking Your Privacy Seriously.

Privacy is an extremely important topic, and we want you to rest assured that at ZYTE, we take it very seriously. Here’s the key facts about user privacy as it relates to ZYTE and your use of our services and platform:

  • We do not sell your personal data. Whether you are a business or an individual user, we do not sell your data. 

  • Everything that happens on a ZYTE call is yours. Your conversations, photos, video streams, audio notes and recordings are yours. We call these your ‘Digital Assets’ and we do store them encrypted on a secure Amazon Web Server for you to access at any time, and we have robust and validated access controls to prevent unauthorised access. If you are an Enterprise customer you can organise with us to have your digital assets stored on your own server and/or backed up to different locations.

  • To protect your account including your Digital Assets, ZYTE uses One Time Passwords (OTP) which is two factor authentication and means there is no passwords or other information such as your first date or your Mother’s maiden name saved anywhere. The only way a Hacker can get into a client’s account is by being in physical possession of their mobile phone. If your mobile phone is lost or stolen you are welcome to contact ZYTE and we will temporarily block your account.

  • When you call another party they have to give you permission to share their camera or disclose their GPS location. If either party wants to record the other party is notified on screen.

  • When anyone makes a ZYTE connection with your phone there is no way for them to access your contacts, browsing history, or passwords. A ZYTE caller can only see what the other party shows them, and we at ZYTE can see none of what you are sharing with each other.

  • ZYTE collects only the user data that is required to provide you ZYTE services. This includes your name, mobile phone number, email address, organisation name, and address for billing, ZYTE licensing, and contacting you for support. We also may collect your IP address, OS and device details for technical and service improvement so we can deliver the best possible ZYTE experience to you.

  • To manage and process non Enterprise subscriptions we use the services of Chargebee and Stripe who may hold your credit or debit card information for the purposes of renewing your ZYTE subscription. We do not have access to any of your card details that you enter into Chargebee or the Stripe processing systems. Both Chargebee and Stripe are PCI Level 1 certified service providers. 

  • We do not use data we obtain from your use of our services, including your ZYTE calls and saved digital assets, for any advertising. We do use data we obtain from you when you visit our marketing website; zyteapp.com. You have control over your own cookie settings when visiting our marketing website(s).

  • When you subscribe to ZYTE services you will receive a series of emails to inform and educate you on using ZYTE. You are able to opt out of these emails at any time by pressing unsubscribe in the email footer.

  • When you first use the ZYTE mobile app you are able to access your list of contacts on your phone. These contacts are only accessed on your phone via the ZYTE mobile app, they are not imported or transferred to the ZYTE platform. Contacts you create on ZYTE or that you ZYTE call with will appear in ZYTE contacts and recents, respectively . These contacts can be accessed on all ZYTE clients but are completely separate from your personal contacts on your device , which is only available on the ZYTE application on that device.

We are committed to protecting the privacy and security of your personal data. If you have questions, please contact us at info@zyteapp.com

Introduction

When we say “ZYTE,” “our,” “we,” or “us,” we’re referring to ZYTE Limited, (a New Zealand Registered Business). This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and websites (together, “Platform”) unless specified otherwise.

This Privacy Policy is intended to inform you about how we treat your Personal Information. If you do not agree to any part of this Privacy Policy, then we cannot provide our services to you, and you should stop using the ZYTE Platform and deactivate your ZYTE subscription. You can find out more about how to deactivate your ZYTE subscription at Manage Subscription.

If you are an Enterprise Client there may be other terms and conditions in your SaaS contract that override parts of this document.

Definitions

Where the definition of a term does not appear in this Privacy Policy, it shall be given its definition as outlined in our Terms of Service

Aggregated information” means information about all of our users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.

"Data Controller" means ZYTE, the company responsible for the use of and processing of Personal Information. Also includes third parties that are integrated in the ZYTE platform.

“Digital Assets” The recorded conversations, photos, video streams, audio notes and metadata that you create on a ZYTE smart video call. For the purposes of this Privacy Policy your Digital Assets are distinct from your Personal Information.

"Personal Information" means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into the possession of the Data Controller.

“Platform” includes the ZYTE website(s), ZYTE mobile applications, ZYTE desktop dialler, ZYTE social media sites, Support Desk, CRM, Emailing software, and the ZYTE software which facilitates the creation of your Digital Assets.

Information We Collect

1. Information that you give us

We receive, store and process information that you make available to us when accessing or using our Platform. We may collect Personal Information (information that can be used to identify you as an individual) such as your name, email, telephone number, home address, organisation name, organisation address, demographic information (such as zip code, age). The types of Personal Information we collect may vary depending on your use of our Platform and the ZYTE subscription you purchase. Examples include when you:

a) fill in any form on our websites, such as when you register on our mailing list, submit a request, or update the details of your subscription;

b) access or use the Platform, such as to search for a service provider or pay for any associated services that may be available, post comments or reviews, or communicate with other users;

c) link your account on a third party site (e.g. Facebook) to your ZYTE account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you; and

d) communicate with ZYTE.

To manage and process your subscription when you purchase online, we use the services of Chargebee and Stripe who may hold your credit or debit card information for the purposes of renewing your ZYTE subscription. We do not have access to any of your card details that you enter into Chargebee or the Stripe processing system. We will be alerted by these third parties if your card has insufficient funds, has expired, or is considered suspicious.

You can read Chargebee’s Privacy policy here

https://www.chargebee.com/privacy/

You can read Stripe’s privacy policy here

https://stripe.com/nz/privacy

2. Mobile Data

When you use certain features of our platform, in particular via a mobile device we may receive, store and process different types of information about your location, including general information (e.g., IP address, post or zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access specific features of our platform). If you access our platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. Note that if you disable GPS there will be a functionality loss when using our integrated mapping services.

3. Log Data

We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you use our platform, regardless of whether you are registered with ZYTE or logged in to your ZYTE account, such as your IP Address, the date and time you access or use our platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.

4. Cookies, and other Tracking Technologies

ZYTE uses cookies and other similar technologies on our website(s). We may also allow our business partners to use their cookies and other tracking technologies on our websites. As a result, when you access our website, you will provide or make available certain information to us and to our business partners.

We track your activities if you click on advertisements for ZYTE services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Website for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access our platform and pay for your ZYTE subscription. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Website to market and advertise our services to you on services and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Website and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on our Website – it just will not be tailored to your interests.

Third parties may not collect information about users’ online activities on our Website except as described in this policy.

5. Third-party social plugins

Our website may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.

As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our websites. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our websites to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.

Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.

How ZYTE Uses and Processes the Personal Information that You Provide or Make Available

6. We use and process Information about you for the following general purposes:

a) to enable you to access and use our platform;

b) to operate, protect, improve and optimize our platform, ZYTE’s business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing;

c) to help create and maintain a trusted and safer environment on the Platform, such as fraud detection and prevention, conducting investigations and risk assessments, verifying any identifications provided by you, and conducting checks against databases such as public government databases;

d) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

e) where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our business partners that we think you may find interesting. You will be able to unsubscribe or opt-out from receiving these communications by clicking unsubscribe on the footer of any marketing or educational email you receive from us.

f) to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by ZYTE or our business partners; and

g) to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

h) to assist you if you have any problems with using our platform.

7. Your User Communications and Stored Digital Assets are Private and Encrypted

All your user communications, digital assets and personal information entered into the ZYTE software application is encrypted.

If a Hacker were able to break into the ZYTE cloud no client data would be visible without breaking encryption. This also means that no ZYTE staff member or subcontractor can access or see your digital assets.

See clause 51 in the ZYTE Terms of Service where you agree that you will not store objectionable or illegal information etc.

8. When ZYTE Discloses or Shares Personal Information, and with Whom

IMPORTANT: When you use the Platform, your personal data may be sent to the United States and possibly other countries. This does not include your Digital Assets which are private, encrypted and entirely yours.

We may transfer, store, use and process your information, including any Personal Information, to countries outside of New Zealand, Australia, the European Economic Area ("EEA") and the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

Your Personal Information may be disclosed as follows: 

a) We may allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy.

b) We may also engage third party companies and individuals, who may be located outside of New Zealand, to provide services to us, including services to help verify your identification or to conduct checks against databases such as public government databases (where legally allowed). We may provide Personal Information about you to these third parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. We will ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.

c) You acknowledge, consent and agree that ZYTE may access, preserve and disclose your personal information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against ZYTE; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of ZYTE, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by the government request, or if doing so would be futile or ineffective.

d) We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.

9. When ZYTE Discloses or Shares your User communications and Digital Assets, and with Whom

We are not able to access your user communications and digital assets without your permission due to the encryption methods in use. This may only be overridden by court order of the courts of New Zealand.


10. Business Transfers by ZYTE

If ZYTE undertakes or is involved in any merger, acquisition, reorganisation, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy. If you are at all concerned with the protection of your Digital Assets you will be notified so that you can download and/or remove them.

11. How to Change or Delete Your Information, or Cancel Your ZYTE Subscription

You may review, update, correct, or delete the Personal Information in your ZYTE Subscription by logging in to Manage Subscription under the Support menu. If you would like to cancel your ZYTE subscription entirely, you can also do so by visiting Cancel Subscription under the Support menu. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your ZYTE subscription is cancelled.

12. Keeping Your Personal Information Secure

We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorised access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.

13. Your Privacy When You Access Third-Party Websites, Resources, and Integrations

The Platform will contain links to other websites not owned or controlled by ZYTE and there are integrations into the Platform for other services including subscription and payment management and maps integration. ZYTE does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use and Google’s privacy policy, as may be amended by Google from time to time.

Some portions of the Platform implement Land Information New Zealand (LINZ) mapping services, including LINZ API(s). Your use of LINZ mapping is subject to LINZ’s terms of use and LINZ’s privacy policy, as may be amended by LINZ from time to time.

Other links to privacy policies of third party service providers used by the platform

14. ZYTE's Interactive Areas.

ZYTE is not liable for any information posted in interactive areas. ZYTE provides interactive areas such as reviews and discussion forums to enhance the user experience and build a healthy community around our website's products and services. You acknowledge that should you participate in such interactive areas, the information you voluntarily post about yourself and third parties in such areas might be accessed, collected and used by third parties outside of ZYTE. DO NOT POST ANY PERSONALLY IDENTIFIABLE INFORMATION SUCH AS YOUR EMAIL ADDRESS IN OUR PUBLIC AREAS. In addition, you may not post any defamatory, obscene, slanderous, or otherwise illegal material, or any material which infringes any third-party copyrights or other intellectual property rights on any interactive areas. Violators will be subject to termination of accounts and possible legal action. Although we employ advanced security technology, it cannot guarantee complete security in personal websites or password-protected areas, and ZYTE will not be held liable for any user's or other visitor's disclosure of personal information on ZYTE or any other website or Platform operated by us.

15. How Can You Exercise Your Rights as a Data Subject?

Most rights can be exercised by contacting us at info@zyteapp.com. Other rights such as rectification of your data can be exercised through your subscription self-service portal. Data portability requests may be directed to our support staff at info@zyteapp.com. 

16. Changes to this Privacy Policy

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion.

We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate your ZYTE account.

17. Got Feedback?

Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at info@zyteapp.com

18. For Users Residing in New Zealand Only: Your rights to Review and Update Information

If you reside in NEW ZEALAND, you may request in writing copies of your Personal Information held by us. We will provide you with a copy of the Personal Information held by us as soon as practicable and in any event not more than 40 days after the request in writing. There may be a charge to access your personal data (which will not exceed $20). We may also request proof of identification to verify your access request. All requests should be addressed to our Data Protection Compliance Officer, ZYTE Limited, 7 Rawene Road Birkenhead, Auckland, New Zealand.

We endeavour to keep your information accurate, complete and up to date. If your Personal Information that we hold is inaccurate, please let us know and we will make the necessary amendments, erase or block the relevant information and notify you within 40 days of your request that the relevant action has been taken.

You may also request the erasure of your personal data if you believe we are otherwise in breach of relevant data protection legislation. All requests should be addressed to our Data Protection Compliance Officer, ZYTE Limited, 7 Rawene Road Birkenhead, Auckland, New Zealand. There is no charge for making such a request.

19. Cookie Policy

ZYTE uses "cookies" in conjunction with the Website to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Website to recognize your browser, while another could store your preferences and other information.

Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Website may not work as intended or may not work at all without cookies.

ZYTE Cookies and Third Party Cookies

ZYTE may place our cookies on your device via the Website. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies.

We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, third parties may also place cookies on your device for advertising purposes.

There are two types of cookies used on the Website, namely “persistent cookies” and “session cookies”.

Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Website.

Other Technologies

The Website may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.

Uses for ZYTE cookies

ZYTE uses cookies for a number of purposes, such as the following:

a) to enable, facilitate and streamline the functioning of the Website across different webpages and browser sessions.

b) to simplify your access to and use of the Website and make it more seamless.

c) to monitor and analyze the performance, operation and effectiveness of the Website, so that we can improve and optimize it.

d) to show you content (which may include advertisements) that is more relevant to you.

e) on the ZYTE application software solely for the purpose of delivering the service.

Uses for third party cookies

Our partners’ cookies are intended to obtain information to help them provide services to ZYTE. For example, third party companies and individuals we engage to provide services to us may track your behavior on our Website to market and advertise ZYTE listings or services to you on the Website and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Website and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Website – it just will not be tailored to your interests.

In addition, Facebook places a cookie via the Website that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the ZYTE mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.

Disabling Cookies

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Website. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel

Changes to this Cookie Policy

We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Website or by sending you an email.