Privacy Policy

Last Updated November 1, 2024

Introduction

Zabit, Inc. (“Zabit,” “we,” or “us”) owns and operates the website located at Zabit.com and a related mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Zabit, and any affiliated website, software or application owned or operated by Zabit (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you interact with the Service through the Platform, mobile application, or communication channels such as SMS, MMS, RCS, email, or other means of contact. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Zabit Inc. Terms and Conditions ("Terms and Conditions").

We are committed to respecting the privacy of users of the Service. We created this Privacy Policy (“Privacy Policy“) to tell you how Zabit collects, uses and discloses information in order to provide you with the Service.

As with our Terms and Conditions, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are automatically accepting and acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the "Last updated" date of the Privacy Policy.

If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual's behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.

Protected Health Information

Your Responsibility

Zabit is committed to protecting your privacy and ensuring that your use of our services complies with applicable laws. It is important to note that Zabit is not a Covered Entity or Business Associate as defined in the Health Insurance Portability and Accountability Act (HIPAA). As such, our services are not designed to handle Protected Health Information (PHI).

We request that you do not submit any PHI as defined by HIPAA, including but not limited to medical records, health history, laboratory test results, insurance information, or any other data that could be considered related to your health condition, the provision of health care, or the payment for health care services.

Our Commitment

If you choose to share any personal information with Zabit that you consider sensitive or health-related, please be aware that this information is not protected under HIPAA and will be subject to our standard Privacy Policy terms. We employ a variety of security measures designed to protect your personal information; however, we cannot provide the specific protections for PHI that a HIPAA-compliant entity could.

Contact Us

If you have any questions about what constitutes PHI or whether you should submit certain information to Zabit, please contact us before doing so. We are dedicated to maintaining the trust and confidence of our user community and are here to provide clear guidance to ensure your information is managed responsibly.

Collection of Information

We collect any information you provide when you use the Service, including, but not limited to:

• Personally identifying information such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses
• Your login and password and other account ("Account") registration details
• Demographic data (such as your gender, date of birth and zip code)
• Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes)
• Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
• Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, etc.)
• Billing, payment and shipping information
• Electronic signature
• Photographic or video images submitted for habit tracking purposes
• Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship)
• Habit information, such as goals and habit-related activities
• Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Service or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
• Any other information you provide when you contact or communicate with us

If you use your mobile device to visit, access or use the Service, then additional categories of information that we collect may include:

• Your name associated with your mobile device
• Your telephone number associated with your mobile device
• Your geolocation
• Your mobile device ID information
• With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device
• With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps)

Use of Communication Channels

We collect and store the contents and metadata of any communications you have with us or our coaches through SMS, MMS, RCS, email, or in-app messaging. This includes the date, time, and recipient information. By providing your contact details (such as phone number or email), you consent to receiving communications from us. Please refer to our Terms of Service for additional details regarding communication preferences and opt-out mechanisms.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

How Information Is Collected

Zabit might collect personal and non-personal information directly from you when you visit, access or use the Service; when you register with or subscribe to the Service or any products or services available through the Service; when you "sign in," "log in," or the like to the Service; when you allow the Service to access, upload, download, import or export content on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Service) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Zabit asks you for such information, such as, for example, when you process a payment through the Service, or when you answer an online survey or questionnaire. In addition, if you or a third party sends Zabit a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Zabit may collect any personal or non-personal information provided therein or therewith.

Finally, Zabit might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

• Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message.
• Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email.
• Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.
• Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website's or program's traffic, sales, audience and similar information.

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.

By visiting, accessing or using the Service, you acknowledge and agree in each instance that you are giving Zabit permission to monitor or otherwise track your activities on the Service, and that Zabit may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

Use of Information

In connection with providing the Service, we and our affiliates and service providers may use your information for a number of purposes, including, but not limited to:

• Administering your account;
• Fulfilling your requests;
• Processing your payments;
• Facilitating your movement through Service;
• Facilitating your use of the Service and/or products or services offered through the Service;
• Communicating with you by letter, email, text, telephone or other forms of communication;
• Providing you with information about Zabit and other products and services by letter, email, text, telephone or other forms of communication;
• Providing you with customer support;
• Providing you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
• Developing, testing or improving the Service and content, features and/or products or services offered via the Service;
• Identifying or creating new products, services, marketing and/or promotions for Zabit or the Service;
• Promoting and marketing Zabit, the Service, and the products and/or services offered via the Service;
• Improving user experiences with the Service;
• Analyzing traffic to and through Service;
• Analyzing user behavior and activity on or through the Service;
• Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Zabit, the Service or products and services offered via the Service;
• Monitoring the activities of you and others on or through the Service;
• Placing and tracking orders for products or services on your behalf;
• Protecting or enforcing Zabit's rights and properties;
• Protecting or enforcing the rights and properties of others (which may include you);
• When required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
• Zabit believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Zabit, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further Zabit"s legitimate business interests).
• We may de-identify your information and use, create and sell such de-identified information, or any business or other purpose not prohibited by applicable law.

Disclosure of Information

We may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law.

Data Retention

Zabit may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or Zabit. Zabit may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Zabit or as required by law.

Data Deletion Requests

You have the right to request the deletion of your personal data collected and stored by us, subject to certain exceptions as permitted by law. If you wish to request the deletion of your data, please contact us at hello@zabit.com. We will respond to your request in accordance with applicable data privacy laws and delete your information where required.

Jurisdictional Issues

The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law.

Third Parties

This Privacy Policy does not address or apply to, and we are not responsible for, the privacy, information or other practices of any third parties, including, without limitation, the manufacturer of your mobile device, and any other third-party mobile application or website to which our Service may contain a link.

Summary of Information Practices

The following table summarizes our personal information collection, use, and sharing practices in the preceding 12 months since we last updated this Policy.

California Residents

If you are a California resident, you have the right to know what personal information we collect, use, disclose or sell about you under the CCPA.

Miscellaneous

We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account confidential, and you are responsible for any and all use of your Account.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at legal@zabit.com or by regular mail at:

We will attempt to respond to your questions or concerns promptly after we receive them.