ZOUSTER PRIVACY POLICY

Last Updated on November 25, 2013

Zouster.com, LLC (“Zouster”) provides a forum for Vendors to bid on Job Proposals from Customers, allowing Customers to choose a Vendor to perform a contracting job (collectively, the “Service”). Zouster respects the privacy of its users and is committed to protecting personally identifiable information you may provide us through http://www.zouster.com (the “Website”). This Privacy Policy describes the types of information we collect on the Website, how we use this information, and to whom and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we may collect through the Website and does not apply to our collection of information from other sources.

This Privacy Policy, together with your Membership Agreement and the Terms of Use posted on our Website, set forth the general rules and policies governing the use of our Website. This Privacy Policy may be modified from time to time without notice at our sole discretion. All modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Privacy Policy on a regular basis to keep yourself informed of any modifications.

WHEN YOU ACCESS OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS PRIVACY POLICY AND THE PRIVACY PRACTICES OF ZOUSTER AND CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION BY ZOUSTER AS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR TO ANY MODIFICATIONS WE SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING THIS WEBSITE.

Information Collected

Zouster collects Personal Information that can identify you and certain Non-Personal Information that does not identify you.

Personal Information. Zouster collects Personal Information from you when you register for or use the Service, submit job proposals, data, text or other materials, submit reviews, ratings and comments, or contact us. Personal Information is data that is unique to you, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information. We will not collect personal information about you unless you provide that information voluntarily.

Non-Personal Information. Zouster may collect certain Non-Personal Information from you, including but not limited to your browser type, operating system, IP address and the domain name from which you accessed the Website. In addition we may collect information about your browsing behavior, such as the date and time you visit the Website, the specific areas of the Website that you visit, the duration of your visit and the number of times that you return to the Website and other clickstream patterns.

Use of Cookies and Other Tracking Technologies

Zouster uses various technologies to collect Non-Personal information from your computer and about your activities on our Website.

Cookies. Zouster may use cookies to collect the Non-Personal Information described above. A cookie is a small text file that may be stored on the hard drive of your computer when you access the Website. We may use cookies to facilitate access to our Website and to personalize your online experience. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience.

Other Tracking Technologies. Zouster may use standard internet tracking technologies to collect certain Non-Personal Information such as internet domain and host names, IP addresses, browser software and operating system types, clickstream patterns and dates and times that our Website and Services are accessed.

Use and Disclosure of Information

The information Zouster collects is used and disclosed in a variety of ways, including the following:

Authorized Service Providers. Zouster may make your Personal Information available to our employees and with authorized service providers that perform certain services on our behalf. These services may include processing credit card payments, performing customer service and marketing assistance, performing business and sales analysis, supporting our Website functionality, and other features offered through our Website. Zouster utilizes a third party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Zouster has expired or changed. Zouster may also release Personal Information to collection and/or credit agencies for past due user accounts.

Members. If you are a Customer and submit data, text or other materials for job proposals, you consent to Zouster providing certain Personal Information to Vendors for the purpose of bidding on jobs. If you are a Vendor and submit data, text or other materials to bid on job proposals, you consent to Zouster providing certain Personal Information to the Customer for the purpose of selecting the bid. If you provide reviews and ratings of the Vendors you used as a Customer, you consent to Zouster making such Personal Information available through the service. Further you consent to Zouster providing such Personal Information and Non-Personal Information as may be agreed to by you in your Membership Agreement as it may be updated from time to time.

Aggregate Anonymous and Non-Identifying Information. Zouster may provide Non-Personal Information such as identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about you and Zouster users to advertisers, vendors, customers, and other third parties.

Protection of Zouster and Others. Zouster may disclose any Personal Information or Non-Personal Information about you if required to do so by law or if in good faith, Zouster believes that such disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce your membership agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Zouster, its users, and/or the public.

Business Transfers. As we continue to develop our business Zouster may sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, user information generally is one of the transferred business assets. Further, in the unlikely event of bankruptcy your personal information may be disclosed or transferred. You hereby consent to the transfer of your Personal Information and Non-Personal Information as one of the transferred assets and to be used for any purpose allowed under your Membership Agreement or this Privacy Policy.

Zouster Communications. Zouster reserves the right to send you certain communications relating to the Website or the Services, such as service announcements, e-mails related to your account, or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.

Security

Zouster takes commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of information. However, since no security system can be completely secure, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of any of your Personal Information.

Zouster will assign you a user ID and a password when you register for our Service and Website. Your user ID and password may only be used by you and the members of your household or company. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.

Third Party Websites

Our Website may contain links to other websites operated by third parties. Zouster does not control or maintain such websites and is not responsible for their content or for the collection, use, disclosure or protection of any information collected through such third party websites. Zouster expressly disclaims any and all liability related to such content or the collection, use or disclosure of any information and recommends that you review the privacy policy of all third party websites before submitting any personally identifiable information.

Children’s Privacy

This Website is not intended to be used by individuals under the age of 18 and Zouster specifically prohibits anyone under the age of 18 from registering for or using the Service and the Website.

Zouster does not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

Intellectual Property

Aside from user-submitted Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software are Copyrighted Materials and are the exclusive property of Zouster and/or its licensors and are protected by all United States and international copyright laws. If you wish to use any of this content, you must obtain permission from Zouster or the copyright holder before reproducing or otherwise using such content.

Governing Law

This Privacy Policy and the privacy practices of Zouster will be governed by the laws of the State of Tennessee, notwithstanding the choice of law provisions of the venue where any action is brought, where any violation occurred, where you may be located, or any other jurisdiction. By using this Website and Services you agree and consent to the exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Privacy Policy and such practices of Zouster shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. Zouster makes no representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

Contacting Zouster

If you have any questions or concerns about your Personal Information or this Privacy Policy, please contact us by email at [email protected].