The Zaky Privacy Policy

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Privacy Policy

Last updated [October 15th, 2020]

Our Privacy Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Privacy Policy at any time.

We respect the privacy of our users and every person who visits our Mobile Application The Zaky Mobile App. Here, Nurtured by Design refer to as (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy in accordance with General Data Protection Regulation (GDPR). If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us.

When you visit our Mobile Application The Zaky App (“Mobile Application”, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have concerning it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue the use of our Mobile Application and our services.

This privacy policy applies to all information collected through our Mobile Application, and/or any related services, sales, marketing, or events (we refer to them collectively in this privacy policy as the “Mobile Application“).  

ABOUT US

The Zaky Mobile Application is a meticulously designed to monitor kangaroo mother care - skin-to-skin contact between mother and infant - in low-resource areas, and improve its duration and frequency. 

 time parents and caregivers hold the babies in the skin to skin. Keep track of each kangaroo care session by caregivers that hold the baby, and review the history.

The mobile app also helps to track other activities of newborns like feeding, sleeping, growth, and other activities, etc., and share the account and journal info with different caregivers,  and while it includes a learning module, it will NOT be considered a medical or healthcare mobile application.

This app is funded by the Bill and Melinda Gates Foundation and Nurtured by Design.

Our office is in the United States.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.  

Contacting Us

You may contact us using the Contact Information provided at the end of this Privacy Policy.

1. WHAT INFORMATION DO WE COLLECT?

Other than as stated herein, this Privacy Policy does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on our mobile application or website.

We collect personal information that you voluntarily provide to us when registering with us, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Mobile Application or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Mobile Application, the choices you make, and the products and features you use. The personal information we collect can include the following:

This Privacy Policy covers our treatment of personally identifiable information. This is information which may be connected to you specifically as the individual to whom the information relates. Such information may include name, mailing address, email address, telephone number, or any other information defined as personally identifiable information (or similar term) by applicable laws (“Personal Information”). Personal Information does not include your personally identifiable information that has been de-identified, pseudonymized, anonymized, aggregated and/or otherwise processed so as to be unidentifiable (i) in such a way that the data can no longer be attributed to a specific individual, or (ii) in such a way that the data can no longer be attributed to a specific individual (by reasonable means) without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual such that one could not, using reasonable efforts, link such information back to a specific individual (the foregoing being referred to as “ De-Identified Personal Information”).

We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, to provide and improve the Services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

We are not responsible for the practices of sites linked to from the Services, and before interacting with any of these sites you are advised to review their rules and policies before providing them with any private information.

In addition, we may also collect information relating to your use of our Websites through the use of various technologies, including cookies.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Location information: We will track the device location by sending GPS coordinates to our application. We may also determine location by using other data from your mobile device, such as information about wireless networks or cell towers near your device. We use and store information about your location to enable many product and Service features that are dependent upon location tracking. We may also use collected information to troubleshoot software, to conduct data analysis, to do testing, research, and to monitor and analyze usage and activity trends to improve and customize the services.

Information automatically collected

We automatically collect certain information when you visit, use, or navigate the Mobile Application. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Mobile Application and other technical information.  If you access our Mobile Application with your mobile device, we may automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, and IP address. This information is primarily needed to maintain the security and operation of our Mobile Application, and for our internal analytics and reporting purposes.  This tracking uses De-Identified Personal Information data (i.e., data that cannot be identified as being specifically associated with you) and does not use your Personal Information. We will not combine this data with your other Personal Information without your express permission.

Like many businesses, we also collect information through cookies and similar technologies. 

Information collected from other Sources

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties.

2.  HOW DO WE USE YOUR INFORMATION?

We use your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.  

We use the information we collect or receive:  

   -  To facilitate account creation and logon process with your Consent. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.

   -  To send you marketing and promotional communications for Business Purposes and/or with your Consent. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is under your marketing preferences. You can opt-out of our marketing emails at any time (see below).

   -  To send administrative information to you for related to your account, our business purposes, and/or for legal reasons. We may use your personal information to send you a product, service, and new feature information and/or information about changes to our terms, conditions, and policies.

   -  Deliver targeted advertising to you for our Business Purposes and/or with your Consent. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. 

   -  Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Mobile Application.

   -  To protect our Mobile Application for Business Purposes and/or Legal Reasons.  We may use your information as part of our efforts to keep our Mobile Application safe and secure (for example, for fraud monitoring and prevention).

   -  To enable user-to-user communications with your consent. We may use your information to enable user-to-user communications with each user’s consent.

   -  To enforce our terms, conditions, and policies for our business purposes and as legally required.

   -  To respond to legal requests and prevent harm as legally required. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

   -  For other business, educational, or research purposes. We may use your de-identified personal information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Mobile Application, products, services, marketing, and your experience.

   -  De-Identified Personal Information:We may share De-Identified Personal Information (such as anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) for educational or research purposes, and/or with interested third parties to help them understand the usage patterns for certain Services.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

3.  WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We only share and disclose your information in the following situations:

   -  Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

   -  Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

   -  De-Identified Personal Information:We may share De-Identified Personal Information (such as anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) for educational or reseach purposes, and/or with interested third parties to help them understand the usage patterns for certain Services.

   -  Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work.

   -  Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

   -  Third-Party Advertisers. We may use third-party advertising companies to serve ads when you use the Mobile Application. These companies may use information about your usage of our Mobile Application and other websites that are contained in web cookies and other tracking technologies to provide advertisements about goods and services of interest to you.

   -  Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

   -  With your Consent. We may disclose your personal information for any other purpose with your consent.

   -  Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Mobile Application) or otherwise interact with public areas of the Mobile Application, such personal information may be viewed by all users and may be publicly distributed outside the Mobile Application in perpetuity.

4.  DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

COOKIES

 A cookie is a small text file that a website or mobile application saves on your computer or mobile device when you access the mobile application. In general, cookies have two main purposes: to improve your browsing experience by remembering your actions and preferences and to help us analyze our website traffic.

We use cookies to help us analyze traffic to the Mobile Application, to help us improve the website or mobile application performance and usability, and to make the mobile application more secure. Third-party cookies help us use Google Analytics to count, track, and analyze visits/use to the Website or mobile application. This helps us understand how people are using our Mobile Application and where we need to make improvements. These third-party cookies do not specifically identify you.

Control cookies

You are always free to delete cookies that are already on your device through your application settings, and you can set to prevent them from being added to your device.

5.  IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

Our servers are located in the AWS amazon in Ohio, USA. We will not transfer your personal information to an overseas recipient. Any information shared will be de-identified.

6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

The Mobile Application may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Mobile Application. You should review the policies of such third parties and contact them directly to respond to your questions

7.  HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

8.  HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Mobile Application is at your own risk. You should only access the services within a secure environment.

Individuals under the Age of 13

As noted in the Terms, we do not knowingly collect, solicit or maintain Personal Information from anyone under the age of 13 or knowingly allow such persons to register for our Services. If you are under 13, please do not send any Personal Information about yourself (such as your name, address, telephone number, or email address) to us. No one under age 13 is allowed to provide any Personal Information to or on the Services. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database. Please contact us if you have any concerns.

 

9.  WHAT ARE YOUR PRIVACY RIGHTS?

.Account Information

You may at any time review or change the information in your account or terminate your account by:

--- Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Mobile Application.

10.  CHANGES TO THIS PRIVACY NOTICE

We’re constantly working to improve our Services, so we may need to change this Privacy Policy from time to time as well. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible, or as part of communications involving the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

 11.  CONTACT US

Should you have any questions or concerns about this Privacy Notice, please contact our data protection officer as follows:

Nurtured by Design 
Attn: Data Protection Officer 
P.O. Box 3276
Sugar Land, Texas 77487
app@thezaky.com

Requests to unsubscribe from ("opt-out" of) communications from Nurtured by Design can be managed using the link in email communications. You may also mail your enquiry/request to the above address.

California Online Privacy Protection Act (“CalOPPA”)

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us annually for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties.

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

As required by CalOPPA, we agree to the following:

You can visit our Website anonymously by enabling private browsing through your browser. The Mobile App can only be accessed by logging in.  We have a link to it on our home page or as a minimum, on the first significant page after entering our Website. Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above and when opening an account.

You will be notified of any Privacy Policy changes on our Privacy Policy Website page. You can change your Personal Information by contacting us.

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Notices; Opting Out

By providing us with your email address (including by “following,” “liking,” linking your account to our Service or other services, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, such as, but not limited to, newsletters, additions or changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by emailing us your request. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt out of Service-related emails.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us.

Additional Information for Non-US Residents

IMPORTANT NOTICE: This Privacy Policy originates and is hosted on a Website located in the United States, which has different data protection laws from those of other nations, and particularly member nations in the European Union. Due to differing laws and legal practice, be aware that law enforcement agencies in the United States may have access to your Personal Information.

If you are located in the EEA or other regions with laws governing data collection and use that may differ from the laws in the United States, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. It may also be processing your information by staff operating outside the EEA who works for us or for one of service providers. If required by applicable law, we will seek your explicit consent to process your Personal Information collected on our Website or volunteered by you.

GDPR

The following provisions apply to you if you are a European citizen or resident. All processing of your Personal Information is performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”), and the implementations of the Directive in local legislation. As of May 25, 2018, the Directive and local legislation based on the Directive will be replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Information and on the free movement of such data, known as the General Data Protection Regulation (GDPR), and our processing will take place in accordance with the GDPR. For purposes of the GDPR, we will be the “data controller” of Personal Information (referred to in the GDPR as “personal data”) we collect through the Website, unless we collect such information on behalf of a “data controller” in which case we will be a “data processor.” This Privacy Policy does not apply to websites, applications or services that do not display or link to this Privacy Policy or that display or link to a different privacy policy.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law, Directive 95/94C (“The EU Directive”) and its replacement the General Data Protection Regulation (“GDPR”), is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

Data Transfers

We are headquartered in the United States. As such, we and our service providers may transfer your Personal Information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it. If you are located in the European Economic Area (“EEA”) or Switzerland, we provide adequate protection for the transfer of Personal Information to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses. We may also need to transfer your information to other group companies or service providers in countries outside the EEA. This may happen if our servers or suppliers and service providers are based outside the EEA, or if you use our services and products while visiting countries outside this area.

If you are a resident of country other than the United States, you acknowledge and consent to our collecting, transmitting, and storing your Personal Information out of the country in which you reside.