Terms of Service + Privacy Policy

Web Site Terms and Conditions of Use

1. Terms

UPDATED (02/16/2024) By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Zensah's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Zensah's web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Zensah at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Zensah's web site are provided "as is". Zensah makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Zensah does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Zensah or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Zensah's Internet site, even if Zensah or a Zensah authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Zensah's web site could include technical, typographical, or photographic errors. Zensah does not warrant that any of the materials on its web site are accurate, complete, or current. Zensah may make changes to the materials contained on its web site at any time without notice. Zensah does not, however, make any commitment to update the materials.

6. Links

Zensah has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Zensah of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Zensah may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Zensah's web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

UPDATED (02/16/2024) Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

PRIVACY POLICY Last updated: 2/16/2024

This is the privacy policy forhttps://www.zensah.com/ (the “Website”). Zensah Company LLC (“Zensah,” “Company,” “we,” or “us”), either directly or through one of its affiliates, operates the Website.

We respect your privacy and care how information about you is used, stored, and shared. This Privacy Policy describes what information we may collect from you, how we collect that information, how we use that information, and the choices you have regarding your information. By using our website or providing information to us in other ways, you agree to be bound by this Privacy Policy. If you do not consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy, do not use our services, access the Website, or provide us with any information.

WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?

Information You Provide

We collect and store information that you provide to us through our websites, through our customer service representatives, at events, through mobile applications, through marketing efforts, including contests, sweepstakes and events, and through third parties, or any other way we interact with you.

You may choose not to provide certain information, but then you might not be able to take advantage of certain capabilities of this website or other services we may offer. For example, you must provide certain personal information in order to place an order or to register for an account on or through this website.

We may request, collect and store some or all of the following types of personal information (“Personal Information”): name, billing address, shipping address, e-mail address, telephone number, financial and payment information, such as credit card number and expiration date, gender, personal interests, birthday, information about a third party you provide when we ship an order. We may also maintain a record of your product interest and purchases.

If you access our website or mobile applications with your log-in credentials from a social networking site (e.g. Facebook, Pinterest, or Twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this to the information we have already collected from you via other interactions.

Automatically Collected Information

We collect and store certain other non-personally identifiable information automatically whenever you interact with us (“Anonymous Information”). For example, we may collect your Internet Protocol (IP) address and browser information and reference site domain name when you visit this website and analyze this data for preferences, trends, and site usage statistics. We may also collect information by using cookies, web beacons, and related technologies. "Cookies" are small text files that a website sends to a user's hard drive through the browser for data storage. Most browsers accept cookies automatically but allow you to disable them. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this website. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on this website.

We may aggregate, evaluate, and use Anonymous Information in order to improve the Website and our business, analyze trends, administer the Website, track customer website navigation, gather broad demographic information, and make the Website better for you. For example, we may use Anonymous Information to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited.

Information Collected from Third Parties

We use third-party companies to provide Internet data hosting and to help us measure and determine how visitors use our website and the effectiveness of our website and promotions in order to help us improve and optimize our website and the products and services we offer. We also use third-party companies to serve advertisements (banners or links) on our behalf across the Internet. These companies use tracking technologies (including cookies and pixel tags) to collect non-identifiable information about your visits to our website and your interactions with our products and services in order to provide tailored advertisements based on your interests and browsing of our website (remarketing) on our behalf and on behalf of other advertisers across the Internet. This information varies and is controlled by the third party or as authorized by you via your privacy settings at that service.

We use third-party audience data (such as age, gender, and interests) to better understand and advertise to audiences that visit our website. We do not control, supervise, or respond to requests about how the third parties providing your information process your personal data, and any information request regarding the disclosure of such information should be directed to the relevant third parties. 

Our websites currently do not have a mechanism to recognize “Do Not Track” signals, but several of the third-party companies who utilize these cookies or beacons enable you to opt out of this advertising. If you wish to opt out of receiving this third-party interest-based advertising, you may obtain more information athttp://bit.ly/1x2GnZg Please note this does not opt you out of receiving marketing communications from us.

In addition, some of our e-mail communications to you may include a "click-through URL" linked to a particular page on the Website. By clicking on one of these URLs, you will automatically enter our website and we may collect information related to the "click-through." You may avoid having this information collected by not clicking on URL links in our e-mail communications.

We also may use a variety of retail analytics tools in our stores for operational and marketing purposes, such as measuring and analyzing traffic patterns. These tools may collect data from sensors, including video cameras, smartphone detectors, Wi-Fi networks, or other devices, to improve your in-store experience.

 Third Party Pixels and Cookies

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out by unsubscribing at any time.

Information from Other Sources

We may collect information about you from third-party sources and information that is publicly available. For example, information you submit in a public forum (e.g., a blog, chat room, or social network site) can be read, collected, or used by us and others, and could be used to personalize your experience. You are responsible for the information you choose to submit in these instances. Another example is that we may receive demographic information about you from a third party to make our service and marketing efforts more efficient and personalized for you.

To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you.

HOW IS INFORMATION USED?

We use the Personal Information we collect to conduct our business, communicate with you, and provide great products, services, and experiences. We will never use your Personal Information in a way that is prohibited by applicable law.  We or third-party service providers we engage, may use the information to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, to provide customer service, to respond to your comments, questions or complaints, to personalize your experiences, to analyze your preferences and shopping habits, to analyze trends and statistics, to administer and fulfill our contests and other promotions, to analyze and improve the Website and our products and services, and to send you marketing communications and other information regarding our products, services, marketing, or special events. We also use your information for business purposes such as security, payment processing, analytics, operations, fraud detection, reporting, making back-ups, and legal compliance.

You always have the choice not to receive marketing communications.

We display personal images, comments, testimonials/reviews of satisfied customers on our site. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at 305-935-4619.

WITH WHOM IS INFORMATION SHARED?

Except with your consent or as described in this Privacy Policy, we do not sell, rent, or share with third parties any of your Personal Information.  However, we may share Anonymous Information with third parties. 

Service Providers

From time to time, we may employ companies and individuals to perform certain services on our behalf.  These third-party service providers may have access to Personal Information, but only to the extent required to perform their assigned roles, and they may not use your Personal Information for any other reason.   Some services provided by those third parties may include: operating the Website, hosting the Website, providing the products and services you request, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, loyalty program management, promotions fulfillment, web site evaluation, data analysis and, where applicable, data cleansing. Those third parties are not authorized to use or disclose Personal Information you provide to us on or through this website for any purpose other than to perform the services designated by us.

Compliance with Law and Legal Requests

We may disclose your information, including Personal Information, to courts, law enforcement or governmental authorities, or other third parties, if and to the extent we are required or permitted to do so by law.  For example, we may be required to disclose Personal Information to respond to a subpoena, court order, or other legal process. We may also disclose this information in response to a law enforcement agency's request, or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public, to verify or enforce compliance with the terms of use and policies that govern our website or as otherwise required or permitted by law. In addition, the Personal Information you provide to us may be transferred as an asset in connection with a merger or sale involving all or part of Zensah as part of a corporate reorganization, stock sale or other change of control.

With Your Consent

Additionally, where you have provided consent, we may share your information, including Personal Information, as described at the time of consent.

Ownership Transfer

We may transfer any information, including your Personal Information, in the event of a transfer of ownership, assets, securities, or bankruptcy involving us and in connection with business transactions such as buying or selling subsidiaries or engaging in joint ventures with third parties; provided, however, that we will use reasonable efforts to direct the transferee to use any transferred information, including your Personal Information, in a manner that is consistent with this Privacy Policy.

WHAT ARE MY RIGHTS?

You may exercise any of the rights described in this section by contacting us through the contact information provided at the end of this Privacy Policy. Please note that we may ask you to verify your identity before taking further action on your request.

1. Managing Your Information.Through your account you can manage certain settings, such address, name, and other information provided by you.
2. Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete Personal Information concerning you.
3. Data Access and Portability. In some jurisdictions, applicable law may entitle you to request copies of your Personal Information held by us. You may also be entitled to request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
4. Data Retention and Erasure. We generally retain your Personal Information for as long as is necessary for the performance of a contract between you and us, for our legitimate business interests, or to comply with our legal obligations. If you no longer want us to use your information you can request that we erase your Personal Information. Please note that if you request the erasure of your Personal Information:
1. We may retain some of your Personal Information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
2. We may retain and use your Personal Information to the extent necessary to comply with our legal obligations.
3. Some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
4. Residual copies of your Personal Information may not be removed from our backup systems for a limited period of time.

Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to our processing of your Personal Information, you may withdraw your consent at any time by changing your Account Settings or by sending a communication to us specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your Personal Information, in particular where (i) you contest the accuracy of your Personal Information; (ii) the processing is unlawful and you oppose the erasure of your Personal Information; (iii) we no longer need your Personal Information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing and pending the verification whether the legitimate grounds of Zensah override your own.

Objection to Processing.

In some jurisdictions, applicable law may entitle you to require us not to process your Personal Information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, we will no longer process your Personal Information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your Personal Information is processed for direct marketing purposes, you may, at any time, ask Zensah to cease processing your data for these direct marketing purposes.

Lodging Complaints.

You have the right to lodge complaints about the data processing activities carried out by Zensah before the competent data protection authorities.

WHAT ABOUT THE PRIVACY OF CHILDREN UNDER 13?

We do not intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13 you should not provide any Personal Information to us and you should use this website only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided Personal Information on or through the Website, please contact us at 305-935-4619.

WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE?

The security of your information is important to us. We have instituted commercially reasonable security procedures and measures to protect our servers and networks that store Personal Information. Unfortunately, no transmission of information over the Internet can be guaranteed to be 100% secure and, therefore, we cannot ensure or warrant the security of any information. In order to help protect Personal Information you provide to us, you: (i) should not share your password or account information with others, (ii) should use a secure web browser, and (iii) should change your password frequently. If you wish to cancel a password, or if you become aware of any loss, theft, or unauthorized use of a password, please contact us at 305-935-4619.

HOW CAN I ACCESS, CORRECT, AND UPDATE PERSONAL INFORMATION?

You may access, correct and update certain Personal Information that you have provided to us by clicking on the "My Account" area of this website and following the instructions set forth therein AND by contacting us with your request at 305-935-4619 or contacting customer@zensah.com with an update request.

We reserve the right to retain any Personal Information reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We will store Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy.

TEXT/SMS MESSAGE CONSENT AND OPT-OUT

If you choose, you can provide/consent/opt in your mobile phone number to receive text message alerts to receive product and/or event information, tips or promotions. You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates may apply, and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used to contact you.

We may share your mobile phone number with service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own marketing purposes without your consent. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Depending on the recipient's mobile carrier, it may not be possible to transmit the text message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

TEXT/SMS MESSAGE CONSENT AND  USAGE

When you consent/opt in to sharing your mobile information for marketing purposes, the information may be used for abandoned cart, location tracking, or location-based services marketing, and/or general sales and promotional messages.

TEXT/SMS MESSAGE  USAGE FOR ABANDONED CART, PROMOTIONS, AND/OR SALES

Mobile information received with permission for usage in marketing purposes will be collected (via cookies and/or plugins) and stored (via third-party database). Zensah.com uses cookies/plugins to keep track of items in your cart and cart abandonment. This information may be used to send cart reminder messages via SMS. Similarly, user behavior on site such as cart abandonment, browse abandonment, and activity may be used to send SMS messages regarding promotions, sales, or other special events. These messages will be sent only to those who expressly have given permission for SMS marketing. Users may revoke consent and opt out at any time. 

THIRD PARTY SHARING

Mobile information received for marketing purposes may be shared with service providers and third parties to assist with marketing, advertising, analytics, and storage. Data will never be shared with third parties for their own marketing purposes. Opted in SMS applies only to Zensah.com and the marketing conducted therein.

LOCATION TRACKING

When you consent/opt in to share mobile information, the information received for marketing purposes may be shared with service providers and third parties to assist with marketing, advertising. Location information may be used for located-based marketing, location-based product targeting, location-based outreach, and other internal location-based analytics.

CAN I GIVE SUGGESTIONS FOR NEW PRODUCTS OR FEATURES?

We welcome your comments and suggestions about the Website, but we ask that you do not send us any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of our products or services or any new products or services.  With this in mind, if you choose to send to us via the Website any such information, including but not limited to feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Your Suggestions”), you agree that we will own Your Suggestions, and by submitting Your Suggestions to us via the Website, you assign to us all worldwide rights, title, and interest in and to Your Suggestions.  We will not have any obligation to keep Your Suggestions confidential and will be free to reproduce, use, disclose, and distribute Your Suggestions to others without limitation or liability.  We may use any ideas, concepts, know-how, or techniques in Your Suggestions for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Your Suggestions, without providing any notice, compensation, or attribution to you.

CAN I INDICATE WHETHER OR NOT I WANT TO RECEIVE PROMOTIONAL COMMUNICATIONS?

There are several ways in which you can tell us whether or not you want to receive promotional communications from us. If receiving promotional emails, adjust your preferences for promotional communications by clicking on an "unsubscribe" hyperlink contained in promotional e-mails we send you. Please note that removal of Personal Information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. Opting out of promotional communications will not opt out of order receipt, tracking, or other essential emails about placement of orders, which is not deemed promotional.

WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?

This website may contain links to or from websites to which this Privacy Policy does not apply ("Linked Websites"). Please be advised that the practices described in this Privacy Policy do not reflect the practices regarding information collection, use and disclosure of Linked Websites or the owners or operators of those Linked Websites. Your use of Linked Websites will be governed by the terms of use, privacy policies, and other terms, notices, and policies set forth on or referenced in those Linked Websites.

You acknowledge and agree that we are not responsible or liable for (a) the availability or accuracy of Linked Websites or resources, or (b) the content, products, or services on or available from Linked Websites or resources.  Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You agree to review the privacy policy of any third-party website or resource before using it, and you accept sole responsibility for and assume all risk arising from your use of any such websites or resources.

HOW CAN I CONTACT YOU REGARDING THIS PRIVACY POLICY?

If you have any questions or concerns regarding your privacy or the Privacy Policy you can send a request with your concerns or any further questions to us by using the contact information provided below:

ZENSAH

Attn: Concerning Privacy Policy

550 Ansin Blvd

Hallandale Beach, FL 33009

WHAT IF I AM A RESIDENT OF CALIFORNIA?

California Civil Code Section 1798.83 requires certain California businesses to disclose, upon a customer’s written request, (i) a list of the kinds of Personal Information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (ii) the names and addresses of all of the third parties that received Personal Information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within 30 days, but they are only obligated to respond to one request from a customer in a calendar year.

If you are a current customer in California, you may request this disclosure by sending an e-mail request to customer@zenah.com listing your name, address, and e-mail address.  You must also specifically indicate the nature of your request by including the following language or language substantially similar to it: “I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83.”  Alternatively, you can mail your request to the following address:

 ZENSAH

Attn: Concerning California Civil Code Section 1798.83

550 Ansin Blvd

Hallandale Beach, FL 33009

WHAT IF I AM AN INTERNATIONAL USER?

Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed, and stored in the United States, and allow Zensah to use and collect your personal information in accordance with this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

The Internet is constantly changing, as is the nature of our Internet business operations, so we will likely need to change this Privacy Policy from time to time.  Any changes to this Privacy Policy will only apply to activities and information on a going forward, not retroactive basis. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Website and update the “Last Updated” date at the top of this Privacy Policy.  We will use commercially reasonable efforts to provide you with notice of the modification by email at least thirty (30) days before the date it becomes effective.  You should check this Privacy Policy frequently to review the latest version of the Privacy Policy, though, in case our email does not reach you.  Our posting an amended version of the Privacy Policy on the Website will serve as notice to you of that amendment. Your continued access to or use of the Website and/or our services will be subject to the revised Privacy Policy.  If you disagree with the revised Privacy Policy, you may cancel our services and refrain from access and use of the Website.