Privacy Policy

Effective Date: January 15, 2025

Last Updated: January 14, 2025

ZABERNA INC (“we,” “us,” or “our”), a corporation organized under the laws of New York State, values your privacy. This Privacy Policy complies with the New York SHIELD Act, U.S. federal laws (e.g., TCPA, FTC Act, COPPA), GDPR, UK GDPR, the ePrivacy Directive, and the Australian Privacy Act. It also addresses Application-to-Person (A2P) messaging compliance requirements.

By using our services, you agree to this Privacy Policy.

1. Information We Collect We may collect the following types of information:

Personal Information: Name, phone number, email address, and other contact details necessary for A2P messaging. Usage Data: Device information, IP address, and interaction with our website. Opt-In Data: Records of consent to receive messages, including timestamps and methods of opt-in. Opt-Out Data: Requests to unsubscribe from communications.

Data Collection from Minors:

We do not knowingly collect personal information from individuals under the age of 18. If we become aware that data from anyone under 18 has been collected, we will delete it immediately.

2. How We Use Your Information

We use your information for the following purposes:

To provide and improve and market our services, including A2P messaging. To process consent for receiving communications. To comply with legal and regulatory requirements, such as the TCPA, CTIA guidelines, and the Australian Privacy Act. To protect against fraud, unauthorized access, or illegal activities.

3. Retention Periods

We retain personal data for the following periods:

Opt-In Records: Stored for a minimum of five (5) years. Transactional Data: Retained for the duration of the customer relationship and up to seven (7) years for regulatory compliance. Marketing Data: Retained for three (3) years after the last interaction or until consent is withdrawn. Inactive Accounts: Data is deleted after two (2) years of inactivity unless required for legal purposes.

4. How We Share Your Information

We may share your information with:

Service Providers: Third parties responsible for delivering A2P messages, such as The Campaign Registry (TCR) and telecommunications carriers. Legal Compliance: Government entities or authorized authorities if required by law. Data Security Providers: Service providers assisting in data protection measures under the New York SHIELD Act and Australian Privacy Act.

We do not sell your personal information.

5. Your Rights Depending on your location, you have the following rights:

New York Residents: Protections under the SHIELD Act, including the right to be informed about data breaches. GDPR Data Subjects (UK/EU): Right to access, modify, or delete your information. Right to restrict or object to data processing, including profiling and automated decision-making. Right to data portability. Right to withdraw consent at any time. Right to lodge a complaint with a data protection authority.

To exercise your rights, contact us at [email protected]. We will respond within one (1) month, as required by GDPR and The New York SHEILD Act.

6. Data Security and Breach Notification

Security Measures: We employ encryption, firewalls, and access controls to protect your data. Breach Notification: In the event of a data breach involving private information, we will notify affected individuals in accordance with the New York SHIELD Act, GDPR, Australian Privacy Act, or other applicable laws.

7. International Data Transfers

If your data is transferred outside the U.S., we use safeguards such as Standard Contractual Clauses (SCCs) or equivalent mechanisms to protect your information. We also take reasonable steps to ensure that overseas recipients comply with the Australian Privacy Principles (APPs).

8. Updates to This Policy

We will update this Privacy Policy as necessary. Changes will be posted with an updated "Last Updated" date, and significant updates will be communicated to users directly.

9. Examples of Messaging Types

We may send the following types of messages:

Transactional Messages: Appointment confirmations, shipping notifications, and service alerts. Promotional Messages: Special offers, discounts, and marketing campaigns. Customer Support Messages: Responses to inquiries or service-related updates.

10. Contact Us

If you have questions about this Privacy Policy, please contact us at:

ZABERNA INC

1060 Broadway, #1186, Albany, New York 12204

[email protected]

1-888-526-1877