Privacy Policy

Last updated: June 12, 2023

Scope of This Policy

Zia Consulting, Inc., and its subsidiaries and affiliates (“Zia,” “we,” “us,” or “our”), is committed to protecting and respecting your privacy.

This Privacy Policy (“Policy”) describes our privacy practices and provides information about how personal information we collect about you, or that you provide to us, will be processed by us. The Policy applies to all information, data, reports, and other content (e.g., blog posts, case studies, master classes, podcasts, webinars, white papers) (collectively “Content”) available via our website located at www.ziaconsulting.com and any of our other websites and services on which a link to this Policy appears (collectively, the “Site”), and our related services, events, social media pages, and email and other electronic communications (the “Services” and, for purposes of this Privacy Policy, the Content and Services are incorporated into the Platform), and the choices you have with respect to your personal information. In some cases, region-specific terms may apply to you, which are indicated in the section headings below. This Policy does not apply to personal information that we may store or maintain on behalf of Users of our Platform, where applicable.

We may change this Policy from time to time. If we make any changes to this Policy, we will change the “last updated” date above. If there are material changes to this Policy, we may notify you by indicating on our Platform that this Policy has been updated, or by other means as may be required by applicable law. In all cases, your continued use of the Platform after notice of updates constitutes your acknowledgement of such updates. We encourage you to check this Policy periodically to keep up to date on our most current policies and practices.

Although not part of the Terms of Use, any capitalized terms not defined in this Policy will have the definitions provided in our Terms of Use.

Personal Information We Collect

We may collect the following categories of personal information about you. We may also collect other personal information that is not specifically listed here, which we will use as described in this Policy or as otherwise disclosed at the time of collection. “Personal Information” is data that can be used to identify an individual, as defined by applicable data protection laws.

• Information that you provide us by completing forms on our Platform. This includes information provided at the time of registering on or subscribing to our Platform, including contact details such as name, email address, and phone number.
• Information that you upload to, or share through, our Platform, including profile information or any Personal Information that you provide, for example, in a user profile, in signing up for newsletters, or in registering to download Content or sign up for a webcast. This also includes any content you may provide in free-text or unstructured format, such as through participating in a user forum on the Platform, or in making comments on the Platform.
• Information we may collect about your interaction with our software and Platform, including account activity, license information, traffic data, weblogs and other communication data, and the resources that you access.
• Information relating to the device or browser you use to access our Platform, such as IP addresses, MAC addresses, application ID/AdID/IDFA, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies. For more information, please visit our Cookie Policy.
• Information that you provide us by completing surveys on our Platform or as carried out by our approved third parties or through participation in promotions, contests, or giveaways.
• Information you provide to us when you contact us for customer or technical support, which may be recorded for training and quality assurance purposes.
• Information that you provide us, our partners or service providers when carrying out transactions through our Platform, including payment information such as bank account number, credit or debit card number, or financial account details used for payments. Any payment transactions through our Platform will be executed through a third-party payment processor and any information you submit to carry out a transaction will be governed by that third party’s security and privacy provisions. Zia may, however, receive payment data from you outside of the scope of our Platform (for example, through a mailed check).
• Information we receive from our third party partners during the registration process you provide such as first name, surname, location, registration date, phone number, and email address.
• Information we receive from third party search engines relating to your search activity.
• Information provided with your consent at conventions, trade shows, and expositions, including professional information, such as job title, company location, email, and phone, and other details we may receive about your business or profession.
• Information you provide to us when you submit questions or comments to us through our Platform.

In addition to collecting Personal Information directly from you or automatically in connection with your use of the Platform, we may also receive Personal Information from third parties, such as our service providers, advertising partners, data analytics partners, operating systems and platforms, social media platforms, event sponsors, publicly available sources, or data licensors/providers. We may merge or combine such Personal Information with the Personal Information we collect from you directly or automatically.

Cookies

Like many online services, we use cookies and similar technologies to facilitate some of the data collection described above. Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device or to store information or settings in the browser. You can find more information about cookies at: www.allaboutcookies.org.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that advertisements you see online are more relevant to you and your interests. For more information, please visit our Cookie Policy .

We may also use similar tracking technologies, such as:

• Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
• Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
• Local storage, which is used to save data on a visitor’s device. We use data from local storage to turn on web navigation, store multimedia preferences, customize what we show you based on your past interactions with our services, remember your preferences, and measure ad effectiveness.
• Session-replay technologies, which are third-party software used to record a video replay of users’ interactions with the Platform. The video replay may include users’ clicks, mouse movements, scrolls, mobile app touches, typing, and other activity taken during the session. We use these replays for research and development purposes, such as to help us troubleshoot problems with the Platform, understand how users interact with and use the Platform, and identify areas for improvement.

How We Use Personal Information

Our primary purpose in collecting Personal Information is to provide the Platform and to operate our business. We also use Personal Information for the purposes set forth below and as otherwise described in this Policy or at the time of collection.

To Provide the Platform:

• create and maintain your accounts;
• process, fulfill, and follow-up on your orders or other transactions;
• improve and personalize your experience on or with the Platform;
• verify your identity or determine your eligibility for offers and promotions;
• analyze and filter messages for spam;
• register your products;
• communicate with you, including providing notices about your account or transaction and answering your questions;
• register you in programs (per your request);
• send you information you have requested;
• provide any contests, surveys, sweepstakes, or other promotions you participate in;
• provide maintenance and support; and
• fulfill any other purpose for which you provide Personal Information.

Research and Development:

We use Personal Information for research and development purposes, including to study and improve the Platform and our business, understand and analyze the usage trends and preferences of our users, and develop new features, functionality, products, and services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes.

Direct Marketing:

We may send you Zia-related or other direct marketing communications as permitted by law, including materials, updates, information, special offers, and promotional material from us and our business partners. You may opt-out of our marketing communications as described in the “Your Choices” section below.

Interest-Based Advertising:

We work with third-party advertising companies and social media companies to help us advertise our business and to display ads for our products and services. These companies may use cookies and similar technologies to collect information about you (including the online activity information and device information described above in the section called “Personal Information We Collect”) over time across our Platform and other websites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. In addition, some of these companies may use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising in the “Your Choices” section below.

To Comply with Laws and Regulations:

We will use Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety:

We may use Personal Information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of the Platform and our services, business, databases, and other technology assets; (b) protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform; and (e) prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With Your Consent:

We will disclose your Personal Information in accordance with your prior direction or, in some cases, we may specifically ask you for your consent to collect, use, or share your Personal Information, such as when required by law.

Sharing Information

We typically will disclose your Personal Information in the circumstances described below, or as you may otherwise agree from time to time.

In addition to the specific situations discussed elsewhere in this Policy or at the point of collection, we may disclose your Personal Information to the following third parties:

• Related companies, including our affiliates and subsidiaries.
• Service providers who perform services on our behalf that are necessary for the orderly operation of our business. For example, we work with service providers to fulfill orders, to conduct billing/credit card processing, website hosting, database management, analytics, fraud protection, marketing, customer relationship management, for email housing (as a consequence of uses already described in this Policy), and other purposes.
• Advertising partners for advertising campaigns, or who may collect information about your activity on the Platform for the purposes described in the “Interest-Based Advertising” section above.
• Co-author, co-host, or joint marketing partner in order to provide you with content and other features through the Platform, and such partners may send you promotional materials or otherwise contact you regarding products and services that they offer. When you choose to download a co-authored whitepaper, or attend an event that we are jointly sponsoring, we may share the Personal Information you provide as part of the offer with the named co-sponsors or other third parties affiliated with such offer.
• Professional advisors providing Zia with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.
• Law enforcement, government authorities, and other parties if and as required by law or in response to valid requests by public authorities (such as responding to a valid subpoena, warrant, audit, or agency action, or to prevent fraud).
• Other third parties where we have a good faith belief that such action is necessary to comply with a legal obligation or for the purposes described above in the section titled, “For Compliance, Fraud Prevention, and Safety.”
• In the context of a business transaction, such as a merger, acquisition, consolidation, financing, reorganization, sale or share of assets, divestiture or due diligence in connection with a potential transaction (pursuant to a pledge of confidentiality under which the recipient agrees to use the information for no purpose other than carrying out the transaction), or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceeding).

International Data Transfers

Zia is located in the United States, and we operate and use service providers located in the United States. If you are located outside of the United States, your Personal Information may be transferred to the United States. The United States may not provide the same legal protections for Personal Information as other countries. By providing your Personal Information to Zia, where applicable law permits, you specifically and expressly consent to the transfer of your Personal Information to the United States and the collection, use, and disclosure set forth herein.

Your Choices

You can make the following choices regarding your personal information:

Marketing Emails: If you have requested information from us or as otherwise permitted by applicable law, we may send you emails about your account, about the products you have purchased, to remind you about a webcast for which you have registered or a service you have purchased, or in response to your questions. We may also send you emails with information and/or special offers about products and services that may be of interest to you, unless you indicate that you do not want to receive them.

You may at any time opt-out of receiving marketing communications by clicking on the opt-out link in the footer of a marketing email you have received or by contacting us. However, for your protection, even if you have opted-out of marketing communications, we may contact you in the event that we find an issue with a product or service you have purchased that requires your immediate attention.

Cookies: Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our website may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

Google Analytics:

We use Google Analytics to collect information about how visitors access and use our Platform. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here.

Advertising Choices:

You can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the Digital Advertising Alliance (https://optout.aboutads.info), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu/). Some of the companies we work with may offer their own opt-out mechanisms. For example, you can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here.

Many of the opt-out preferences described in this section must be set on each device and/or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Do Not Track: Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. The Platform currently does not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

How To Change or Remove Account Information

You may change or remove your profile information on our Platform at any time by contacting privacy@ziaconsulting.com, demonstrating that you are the individual or company identified in the profile, and indicating how you would like them to edit your information.   If you want to stop using your account, you may deactivate it by contacting . When your account is deactivated, you will not be able to use our Services and your information will not be capable of being viewed through our Platform. However, even after your account is deactivated, copies of your information, including but not limited to name and email address, may be retained by us as backup copies for legal and compliance reasons.

Notice to California Residents (Shine the Light)

Residents of California who have an established business relationship with Zia may request a notice describing what categories of personal information we share with third parties for the third parties’ direct marketing purposes during the preceding calendar year. If you are a California resident and would like a copy of this notice, please send an email to with “Shine the Light” in the subject line.

Notice to Nevada Residents

Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales using the contact information listed at the end of this Policy and we will record your instructions and incorporate them in the future if our policy changes.

Notice to European Residents

The information provided in this section applies only to individuals in the European Economic Area and the United Kingdom (collectively, “Europe”). Except as otherwise specified, references to “Personal Information” in this Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. The controller of your Personal Information covered by this

Policy for purposes of European data protection legislation Zia Consulting, Inc., 1790 30^th St., Suite 425, Boulder, CO 80301.

Legal Bases for Processing. The legal bases of our processing of your Personal Information as described in this Policy will depend on the type of Personal Information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your Personal Information, contact us at privacy@ziaconsulting.com.

Processing Purpose (as described above in the “How We Use Personal Information” section)	Legal
To Provide the Services	Processing is necessary to perform the contract governing our operation of the Platform, or to take steps that you request prior to engaging our services. Where we cannot process your Personal Information as required to operate the Platform on the grounds of contractual necessity, we process your Personal Information for this purpose based on our legitimate interests as further described in this Policy.
Research and Development	Processing is based on our legitimate interests in performing research and development as described in this Policy.
Direct Marketing	Processing is based on your consent where that consent is required by applicable law. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consented or via the relevant services.   Where such consent is not required by applicable law, we process your Personal Information for this purpose based on our legitimate interests in promoting our business and providing you with tailored, relevant content.
Interest-Based Advertising
To Comply with Laws and Regulations	Processing is necessary to comply with our legal obligations.
For Compliance, Fraud Prevention, and Safety	Processing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others’ rights, privacy, safety, or property.
With Your Consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or via the relevant services.

 

Use for New Purposes. We may use your Personal Information for reasons not described in this Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your Personal Information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Your Rights. European data protection laws may give you certain rights regarding your Personal Information. You may ask us to take the following actions in relation to your Personal Information that we hold:

• Access. Provide you with information about our processing of your Personal Information and give you access to your Personal Information.
• Correct. Update or correct inaccuracies in your Personal Information.
• Delete. Delete your Personal Information.
• Port. Transfer a machine-readable copy of your Personal Information to you or a third party of your choice.
• Restrict. Restrict the processing of your Personal Information.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your Personal Information that impacts your rights.

You may submit these requests by contacting us at privacy@ziaconsulting.com]. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your Personal Information or our response to your requests regarding your Personal Information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. In the European Economic Area, you can find your data protection regulator here. In the United Kingdom, you can find your data protection regulator here.

Cross-Border Data Transfer. If we transfer your Personal Information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us as provided at the end of this Policy for further information about any such transfers or the specific safeguards applied.

Public Forums Reminder

The Platform often makes chat rooms, forums, message boards, and/or news groups available to users. Please remember that any information that is disclosed in these areas becomes public information. Exercise caution when deciding to disclose your Personal Information. Although we value individual ideas and encourage free expression, we reserve the right but are not obligated to take necessary action to preserve the forum’s integrity, such as removing any posting that is vulgar or inappropriate.

Data Retention

We retain Personal Information for so long as it, in our discretion, remains relevant to fulfill the purpose of collection, and in any event, for so long as is required by law or for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, and for fraud prevention purposes. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate and requested.

Links To Other Sites

Our Platform may contain links to third-party sites. We do not control the information collection on sites operated by any third party. If you have questions about the data collection procedures of linked sites, please contact those companies directly.

How To Contact Us

Questions, comments, and requests regarding this Privacy Policy are welcomed and should be sent via our contact form.  You can also send us questions regarding this Privacy Policy, or exercise your rights as described above, by emailing privacy@ziaconsulting.com.