Last Update: May 04, 2019
We treat your information very carefully, and we have written this document to help you understand what information we collect, who has access to it, and for what purposes.
Zeal gathers information from you to help us manage our relationship with you. The information we collect may include:
Contact details, such as your user name, email address, telephone number, company, and title.
If you contact us by email, we may keep a record of your contact information and correspondence, including any information that you provide to us in your message.
Information you provide to us for technical assistance or during customer service interactions.
Shipping, billing, and payment information.
Your transaction history,
Information about other people that you may provide to us with any program or services,
Information about your computer or device, including browser type and settings, IP address, and traffic data relating to your internet connection.
Product performance data and information about how you use our products and services, and aggregated data or other information that does not specifically identify you, such as actions taken on our websites.
The information you provide about your interest in our products may be pseudonymized and shared with third parties, where allowable, to provide more relevant advertising of Zeal IO Ltd. products and services. If you receive Zeal IO Ltd. advertising on a third-party website and you click on our product or service advertising, we will know the domain you come from. We do not track your other activities on that website.
Zeal IO Ltd. cooperates with governments, regulators, and law enforcement officials to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including subpoenas and court orders); to protect the property and rights of Zeal IO Ltd. or a third party; the safety of the public or any person; to prevent or stop any illegal, unethical or legally actionable activity; or to comply with the law.
Zeal IO Ltd. may decide to sell, merge or otherwise reorganize its businesses. Such transactions may involve the disclosure of personal information to prospective or actual purchasers in accordance with applicable law. In those cases, Zeal IO Ltd. seeks and obtains appropriate protection for personal information.
Zeal IO Ltd. works hard to safeguard the confidentiality of your personally identifiable information. We employ security measures to protect your information from unauthorized access. Those measures include:
The use of endpoint protection software, encryption, and monitoring of our systems and data centers to ensure that they comply with our security policies.
Controlled access to our facilities and secure destruction of media containing your information.
Training and awareness programs on security and privacy to ensure employees understand the importance of and how to protect your information. Additionally, all our employees have agreed to observe your privacy and confidentiality rights.
Personal data will be maintained only as necessary to satisfy the reasons for which it was collected. We also retain and use your information as required to comply with our legal obligations, resolve disputes and enforce our agreements.
Like many websites, we also use "cookies" and similar technology to, for example, collect additional website usage data and to improve our websites and service. A cookie is a small data file that we transfer to your computer's hard disk. Some cookies may collect personal data to perform their intended functions. For example, a cookie may contain and store your name and chat history for the session to enable live chat assistance across multiple Zeal IO Ltd. pages.
Zeal IO Ltd.'s business is not focused on, nor do we knowingly collect information from, children under the age of 13. If a parent or guardian becomes aware that their child under 13 has provided us with personally identifiable information, they should contact us at "email@example.com". If we become aware that a child under 13 has provided us with personally identifiable information, we will remove that information.
We provide an opt-out choice for most types of communication, such as updates from us regarding new services and product releases. You may opt out of using your personal information for non-required communications. Your opt-out choice may be exercised by clicking on the link in the emails you receive or by sending an unsubscribe request to "firstname.lastname@example.org".
Users cannot opt-out of certain communications necessary for the service(s) provided to the user. For example, we may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, to provide those products or services, and to send notices and other disclosures as required by law. We may also communicate by phone to resolve customer complaints or investigate suspicious transactions.
Please help us keep the personal data you have shared accurate and up to date. Please visit our Data Subject Requests page for further information on how to do this and exercise subject data rights. You may also make these updates yourself online as a registered user via our customer or partner portals.
1.1 These terms and conditions ("the Agreement") apply to your account with us ("Zeal Account") and to the loyalty, ordering, payment, promotional content, and other services (collectively, "Zeal Services") we provide about your Zeal Account. These terms apply to your Zeal Account, the Zeal mobile application ("Zeal App"), and the merchant's team app ("Zeal Team App"), which serves as a scanner and may provide other services to the merchant. By downloading the Zeal App, a Zeal Team App, setting up a Zeal Account, or using any of the Zeal Services, you agree to be bound by these terms, which form a binding contract between you and us from that point until you or we terminate your Zeal Account.
1.2 The Zeal Account, Zeal App, and Zeal Team App are operated. The Zeal Services are provided by Zeal IO Limited ("we," "us," "Zeal," and "our"), a company registered in England and Wales (Company Number 11998285) with registered offices at 69 Dashwood House, W2 5JU, Ealing, UK.
We provide merchants with a platform to offer their customers a digital loyalty program (a "Merchant") through a mobile application and a dashboard to track customer data analytics.
1.3 You can contact us by writing to us at the address above or by emailing us at "email@example.com". We will communicate with you in English, and you agree that most communications will be by email or by us posting content on our website.
2.1 Subject to your compliance with the terms hereof, Zeal grants you a limited, non-exclusive, non-transferable, non-sublicense able license to download and install a copy of the Zeal App for free on a mobile device that you own or control and to run the Zeal App solely for your non-commercial purposes. By downloading the Zeal App and installing any updates we make available, you Agree with all the following:
(a) you do not systematically retrieve data or other content from the Zeal App to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
(b) you do not make any unauthorized use of the Zeal App, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email or create user accounts by automated means or under false pretenses.
(c) you do not circumvent, disable, or otherwise interfere with security-related features of the Zeal App, including features that prevent or restrict the use or copying of any Services or enforce limitations on the Zeal App and/or the Services contained therein.
(d) you do not trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.
(e) you do not misuse our support services or submit false reports of abuse or misconduct.
(f) you do not engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
(g) you do not interfere with, disrupt, or create an undue burden on the Zeal App or the networks or services connected to the Zeal App.
(h) you do not attempt to impersonate another user or person or use the username of another user;
(i) you do not sell or otherwise transfer your Zeal Account;
(j) you do not use any information obtained from the Zeal App to harass, abuse, or harm another Zeal Account or Merchant.
(k) you do not use the Zeal App as part of any effort to compete with us or otherwise use the Zeal App and/or the Services for any revenue-generating endeavor or commercial enterprise.
(l) you do not decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the site.
(m) you do not attempt to bypass any measures of the site designed to prevent or restrict access to the site or any portion of the site.
(n) you do not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
(o) you do not delete the copyright or other proprietary rights notice from any content.
(q) you do not attempt to circumvent security features or interfere with the proper working of the Zeal App, any Zeal Team App, your Zeal Account, or the Zeal Services.
(c) you do not use the Zeal App and Zeal Team App on multiple mobile devices.
2.2 You may receive links to external sites and third-party offers and promotions on the Zeal App or Zeal Team App. Zeal is not responsible for the content of these sites and does not guarantee that these links and offers will be continuously available. Sending such offers does not imply that we endorse the promoters on the platform.
2.3 We may use any feedback, comments, suggestions, and any constructive information we deem helpful in any communication you may send us without compensation, acknowledgment, or payment to you for developments including, but not limited to in any Zeal Account, Zeal Services, Zeal App, Zeal Team App, or other goods or services.
3.1 To engage with any Zeal Services, you must create a Zeal Account. You can register for a Zeal Account through the Zeal App. Registering a Zeal Account is free of charge. You must not attempt to open more than one Zeal Account at a time. You may download the Zeal App and each Zeal Team App to only one mobile device at a time.
3.2 To set up an account, you must pass the following minimum eligibility criteria:
(a) you must be an individual acting on your own behalf, in your own personal capacity (and not as a business or on behalf of another person, company, or other organization).
(b) you must be at least 16 years of age (or any older age legally required under local law in your country to bind yourself legally to these terms).
(c) you must have an actual mobile phone number that only you have access to.
(d) you must have an active email address that you usually check.
(e) you must not already hold a Zeal Account or have a Zeal Account which was closed by us.
3.3 The information you provide must be accurate, complete, and up-to-date. You must update your Zeal Account information promptly if any change to this information occurs. We care about data privacy and security. You explicitly consent to us accessing, processing, and retaining any information you provide to us to provide payment and loyalty parts of the Zeal Services. This does not affect any rights and obligations you or we have under data protection legislation. You may withdraw this consent at any time by closing your Zeal Account. If you do this, we will stop using your data for this purpose but may continue to process your data for other purposes. Our Privacy Notice explains how we collect, use, disclose, transfer and store your information and sets out your rights to your information. We will inform you when we make any changes to our Privacy Notice.
3.4 We may decline any application to register for a Zeal Account. We are not obliged to give a reason if we refuse your application.
3.5 We obtain the right to perform checks including, but not limited to, credit checks to verify your identity and credit status so we can comply with our anti-money laundering and know-your-client obligations.
4.1 To make payments using your Zeal Account, you need to link a debit or credit card ("Payment Card") to your Zeal Account. After you connect a Payment Card, you can use your Zeal Account to pay for goods or services offered by the merchants on the platform with that we have a relationship. Also, you can link your Zeal Account to accounts you hold with Merchants and Partners.
4.2 We operate your Zeal Account, the Zeal App, and each Zeal Team App, but we have no responsibility for:
(a) the issuance, acceptance, or operation of your Payment Card.
(b) Merchant or Partner stores, websites, their goods and/ or services, or the operation of any account you hold with them.
(c) loyalty or rewards schemes and/ or promotional offers about the goods and services the Merchant or Partner offers under which you may be eligible to earn "Rewards" (for example, free gifts, money off, multi-buy discounts, 'loyalty' points, stamps, and similar campaigns). Register for a Zeal Account, and to use some (but not all) of the Zeal Services.
4.3 The Merchant is responsible for structuring the offer, rewards, goods or services, sale, supply, delivery, customer inquiry, after-sale care, or associated complaints. Your participation in any loyalty offering on the Zeal App may be subject to additional terms and conditions between you and the Merchant. Zeal only provides the platform for making payments and earning and redeeming rewards (collectively, "Transactions"). If you make a Transaction from your Zeal Account, the Transaction will be between you and the Merchant, as opposed to you and us.
4.4 We do not have any authority or influence in resolving any dispute you may have with any Merchant, and you agree not to involve us in any such dispute. However, if, without being under any obligation to do so, we do intervene to help resolve a dispute relating to a Transaction or make a goodwill gesture (for example, issuing a refund), we do this on behalf of the relevant Merchant, and it does not affect or widen our limited role.
5.1 You are the only authorized user of your Zeal Account. You must not let anyone use your Zeal Account.
5.2 If the correct user details (e.g., password, biometrics, or code) are entered when your Zeal Account is accessed, we will assume that you are the person accessing your Zeal Account. You will be responsible for such use (including any Transactions). You must notify us immediately by emailing "firstname.lastname@example.org" if you discover or suspect that your Zeal Account has been compromised or an unauthorized Transaction. Until you do, your Zeal Account will not be secure, and you will be liable for Transactions under your Zeal Account. Suppose we suspect that your account has been compromised or suspect an unauthorized transaction. In that case, we may communicate with you via your registered email address or secure means agreed between you and us. We may need to verify your identity as part of this process.
5.3 We are responsible for the correct and timely processing of Transactions. Where we process a Transaction in error or the Transaction is unauthorized, we will refund the Transaction without undue delay. In most situations, you will be responsible for any unauthorized Transaction (but not Transactions we make an error) only up to a maximum amount of £35/ €50 (or the local equivalent). We will be responsible for any Transaction value over this amount and will arrange for your Payment Card to be credited, but only where (a) the unauthorized use was not detectable by you before payment; (b) the unauthorized use was caused by our acts or omissions or those of our partners, and (c) you notify us (by emailing "email@example.com") within thirteen (13) months of the date on which your Payment Card is charged, or you become aware of the Transaction. However, you will be liable for the total amount of the Transaction if you (i) have acted fraudulently; or (ii) are intentionally or negligently in breach of these terms (including the timeframe for notifying us that your Payment Card and/or Zeal Account might be compromised).
5.4 We reserve the right to alter or replace your user details or require you to do so at any time. We may suspend access to your Zeal Account in the meantime.
6.1 Your Payment Card must be issued in your name by a bank, building society, or other recognized financial institution and must be valid and unexpired. You must update your Zeal Account information promptly if you change your Payment Card. If you link a Payment Card to your Zeal Account, we may seek to authenticate its details by making a credit to or a reservation of a small amount of money from it - any funds reserved in this way will be released back to you within five working days. You may link a Payment Card to only one Zeal Account at a time. We will not be liable for any charges you incur from your Payment Card provider due to taking these steps.
6.2 You can pay using your Zeal Account through the Zeal App or Zeal Team App by scanning the QR code at the point of sale in-store or by clicking the "Buy Now," "Claim Now," "Pay with Zeal," or a similar button in-app or online.
6.3 Your payment instruction is authorized when you receive confirmation in-app or at the point of sale. We aim to charge the Transaction amount to your Payment Card by the end of the next business day, but it could take up to thirty (30) days. Once payment is authorized, you cannot cancel or amend the Transaction through Zeal Services or by contacting us. Any cancellation or amendment of the Transaction will be subject to the Merchant's refund policy. Please contact the relevant Merchant in-store, online, or as instructed on the Merchant's website.
6.4 We may apply limits to the number and value of Transactions processed through your Zeal Account. You will not be able to make Transactions over these limits until we have carried out additional steps to verify your identity under anti-money laundering rules. We reserve the right to suspend your Zeal Account until necessary verification checks have been completed. Merchants, Partners, and your Payment Card issuer may apply their own restrictions in addition to ours.
6.5 When you purchase with your Zeal Account, a digital receipt will be created in real-time and available to view in the "activity" section in your Zeal Account. You can download these receipts in .pdf or .csv format from your Zeal Account at any time.
8.1 Merchants and Partners may run adverts and promotional campaigns on the Zeal App. We may (subject to your opting-in, where necessary) communicate those campaigns to you where the relevant Merchant or Partner (not us) is the promoter of the campaign. If you receive communications about a campaign from Zeal, we do not guarantee that you are eligible to participate in it. You should check (with the relevant Merchant or Partner) that you are suitable, what you have to do (if anything) to participate, and for how long it is available---any other material conditions as set out in the relevant campaign terms and conditions.
8.2 The relevant Merchant or Partner (not us) is responsible for the promotional campaigns, the terms and conditions that apply, and ensuring you are aware of them. The Merchant or Partner may change or discontinue a campaign at any time.
8.3 You may cease to be eligible to continue participating in any ongoing Campaign and cease to be entitled to benefit from a Reward if:
(a) your Zeal Account is suspended or closed.
(b) the Merchant or Partner ceases to work with us, or (c) the Merchant or Partner changes or discontinues the campaign.
8.4 We will not be responsible for any detriment or disappointment you may suffer because you participate in any campaign, Reward, offer, or promotion. This will not affect any Transaction that has already been completed.
9.1 Zeal may vary the Terms and Conditions from time to time at its absolute discretion.
9.2 If a material change to the Terms and Conditions is made, Zeal will notify you about them, including details of when they will come into effect.
9.3 Subject to any statutory notice period, you will be deemed to have accepted the change, even if you do not tell us, if (a) you continue to use your Zeal Account, the Zeal Services, the Zeal App or a Zeal Team App after the date specified; or (b) you do not close your Zeal Account before the date specified for the change.
10.1 You may close your Zeal Account at any time by emailing "firstname.lastname@example.org" .
10.2 We may close your Zeal Account or withdraw any Zeal Services without reason at any time at our discretion.
10.3 We may, from time to time, suspend (in whole or in part) the operation of any Zeal Services and/ or your use of your Zeal Account if (a) we suspect your Zeal Account is being used in connection with unauthorized, fraudulent or unlawful activities; (b) that the security of your Zeal Account has been compromised or suspect an unauthorized Transaction; (c) we are required to do so by law, court order or the instructions of a regulator; (d) you breach any of these terms, or (e) as otherwise set out in these terms.
10.4 We may, with or without prior notice, close your Zeal Account if (a) you no longer satisfy the minimum eligibility criteria set out in paragraph 3.2; (b) you use the Zeal Account, Zeal App, Zeal Team App, or Zeal Services in connection with fraudulent or unlawful activities; or (c) you breach any of these terms.
10.5 If you have breached these terms, we may take such additional action as we deem appropriate, including by (a) issuing a warning to you; (b) commencing legal proceedings against you for recoverable loss and damage resulting from the breach (including reimbursement of all sums paid if you have fraudulently used your Zeal Account and/or using an unauthorized payment card); (c) disclosing relevant information to law enforcement authorities; and/ or (d) suspending your Zeal Account and use of the Zeal Services. The actions described above are not limited, and we may take any other action we deem appropriate.
10.6 Upon closure of your Zeal Account, for whatever reason (a) all rights granted to you under these terms will cease immediately (but this will not affect any rights or remedies which either you or we may have in respect of anything that takes place before your Zeal Account is closed); and (b) you must discontinue promptly all use of your Zeal Account, the Zeal Services, the Zeal App and Zeal Team App(s).
11.1 Nothing in these terms shall limit or exclude our liability to you (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; (c) for breach of any term implied by the Consumer Rights Act 2015 which, by law, may not be limited or excluded; or (d) for any other liability that, by law, may not be limited or excluded.
11.2 TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, WHETHER IMPLIED OR EXPRESS AND WHETHER ARISING BY LAW, CONTRACT, OR A COURSE OF DEALINGS BETWEEN US.
11.3 WE DO NOT GUARANTEE THE CONTINUOUS OR UNINTERRUPTED OPERABILITY OF THE ZEAL SERVICES OR YOUR ZEAL ACCOUNT. THERE MAY BE PERIODS OF DOWNTIME FOR MAINTENANCE AND UPGRADE WORK (WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS). WE ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION THAT YOU CHOOSE TO COMMUNICATE WITH US WHILE IT IS BEING TRANSMITTED OR FOR ANY DATA LOST DURING TRANSMISSION.
11.4 SUBJECT TO PARAGRAPH 11.1, IN NO EVENT SHALL WE, OUR AGENTS, OFFICERS, EMPLOYEES OR SUB-CONTRACTORS BE LIABLE TO YOU FOR ANY LOSS OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE; LOSS OF ANTICIPATED SAVINGS; LOSS OF PROFIT OR ECONOMIC LOSSES; INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES AND ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND, IN ANY CASE, SHALL NOT EXCEED THE SUM OF £150.
11.5 WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS THAT IS CAUSED BY ANY ACT OR OMISSION OF A THIRD PARTY OR EVENTS OUTSIDE OUR REASONABLE CONTROL.
12.1 If you wish to complain about an order you place, a Merchant's store, website, or the goods and services you purchase, please contact the relevant Merchant in-store or as instructed on the Merchant's website.
12.2 If you wish to make a complaint about your Zeal Account or the Zeal Services, please email "email@example.com" giving brief details of your complaint. A summary of our complaints handling procedures is available on our website, and we can provide a copy on request.
13.1 You may not transfer or assign any or all of your rights or obligations under these terms.
13.2 If we fail to enforce our rights, that does not result in waiving that right.
13.3 If any provision of these terms is unenforceable, all other provisions shall remain unaffected.
13.4 These terms may not be varied except with our express written consent.
13.5 These terms and any document expressly referred to in them represent the entire agreement between you and us concerning the subject matter of any of these terms. We are required by law to advise you that the contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
13.6 Upon request, we will provide you with a copy of these terms or any part of the information contained within them (including the information set out in Schedule 4 of the Payment Services Regulations 2017). You can download these terms from our website at any time.
13.7 No third party has the right to enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999.
13.8 These terms shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws and regulatory codes and/or guidance of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
13.9 You agree that any dispute between you and us regarding these terms or any Zeal Services or your Zeal Account will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England. Still, if we get legal proceedings, we may only do so in your country. We are required to inform you that the Financial Ombudsman Service is an alternative dispute resolution body to whom we are obliged, by the rules of the Financial Conduct Authority, to refer certain disputes that cannot be resolved between you and us. For more information, please refer to paragraph 12.3.
13.10 The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.