Privacy

1. Privacy
2. Terms of Use
3. Security Policy

1. You own your data
   
   Zubi is an online food label information calculation service which stores data about ingredients, formulations and products as provided or entered by registered users.
   
   Zubi will store data that is entered by you. The data entered by you remains your property and Zubi will not use nor make available for use any of this data without your permission.
   
   
2. You control who has access to your data
   
   The data entered by you is stored securely in a database and is only accessible to the registered user who inputted the data. Zubi will never access any data entered and stored in the Zubi system.
   
   If you use public ingredient data in your formulations created within Zubi their use by your business may be communicated to the ingredient suppliers who entered that data. Details of formulations that use these ingredients will not be released
   
   
3. Zubi monitors system usage
   
   Zubi will never access system usage history for a specific identifiable user, except where granted permission by that person to assist with resolution of a system issue or error.
   
   Zubi staff can access non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using the Service so we can improve the Service. All aggregated usage information is stored in a secure data warehouse facility.
   
   
4. Your Data is sent securely across the Internet
   
   Zubi’s servers have SSL Certificates issued by leading certificate authorities Comodo, so all data transferred between users and the system is encrypted. However, the internet is not in itself a secure environment. You should only input, or instruct the importation of, data to the Zubi website within a secure environment. This means that your browser must support the encryption security used in connection with the Zubi system.
   
   Zubi stores your data in the location Zubi considers will give you the most efficient access from wherever in the world you may be. Access and storage controls via the Zubi system are however administered by Zubi in New Zealand as the custodian of that data. Where you access or input data from somewhere other than the country where the data is stored or to be stored, you consent to that data being transferred from one country to the other (including via any intermediate country) as a function of transmission across the Internet.
   
   
5. Zubi will give you access to your data at any time
   
   Subject to you complying with Zubi’s Terms of Use, Zubi will when requested provide you with a full export of your inputted data in a common file format determined by Zubi.
   
   Access to inputted data may be permanently deleted by Zubi after termination of your agreement with Zubi or at your request.
   
   
6. Collection of your information
   
   When registering as a user you will be asked to provide information such as your name and contact details. We may collect information about your usage of the Zubi website.
   
   Your information will be used to provide you with access to the Zubi website and to supply you with any information, products or services you request.
   
   We may use your information to contact you for feedback on your use of the Service or the Zubi website. We may also use and analyse the information we collect so that we can administer, support, improve and develop the Zubi website and the services we offer.
   
   Unless permitted or required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
   
   
7. Zubi does not store your credit card details
   
   If you pay for the Service by credit card, your credit card details are not stored by Zubi Ltd and cannot be accessed by Zubi staff.
   
   Your credit card details are encrypted and securely stored by Direct Payments Solutions Ltd to enable Zubi to automatically bill your credit card on a recurring basis.
   
   
8. Your browser stores no information that will identify you or your organisation
   
   The Zubi system utilises "cookies" and other technical measures that enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. Cookies are small text files which are transferred from the Zubi website and stored on your computer's hard drive. A cookie does not identify you personally or contain any other information about you, but it does identify your computer.
   
   You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. If you disable cookies you will still be able to login and use the registered areas of our websites.
   
   
9. You can opt-out of any email communications
   
   Zubi sends billing information, product information, service updates and service notifications to you via email. You may opt out of receiving such emails.
   
   
10. This policy may be updated from time to time
    
    Zubi reserves the right to change this policy at any time and any amended policy is effective upon the posting on this website. Zubi will make every effort to communicate these changes to you via email or notification via the website.
    
    

Please read our Terms of Use

Use of the Service is subject to Zubi’s Terms of Use and this Privacy Policy should be read in conjunction with the Terms of Use. In the event of a conflict or disagreement between this Privacy Policy and the Terms of Use, the Terms of Use will prevail.

Terms of use

1. Privacy
2. Terms of Use
3. Security Policy

1. Registration
   1.1 You must register to use the Zubi website and Service by entering the required details and clicking on the "Register" button.
   1.2 On receipt of your registration application we will send you an email verification message confirming your details and that you are registered.
   1.3 Only if and when you receive verification will we have a binding contract between us. We will be entitled to refuse to accept your registration if at our sole discretion we consider it necessary. The contract will consist of only these Terms which apply to the exclusion of any other terms.
   1.4 You are responsible for maintaining the confidentiality of your login ID and password. You must not disclose your registration details to any unauthorised persons and will be responsible for all uses of your registration details, whether or not authorised by you. You agree to immediately notify Zubi of any unauthorised use of your registration.
   
2. Use of Zubi Service
   2.1 From the time that Zubi has confirmed your registration Zubi grants you a non-exclusive right to use the Service through the Zubi website.
   2.2 This right to use the Service is non-exclusive and non-transferable. No rights or licenses are granted to you under this Agreement except the right to use the Service as expressly set out in these Terms.
   
3. Conditions of Use of Service
   3.1 You must use the Service and Zubi website only for your own lawful internal business purposes and in accordance with these Terms.
   3.2 You must not:
   3.2.1 transfer to any other person any of your rights to use the Services or any other rights under these Terms;
   3.2.1 sell, rent or lease the Service or make the Service available to anyone who is not a registered user;
   3.2.2 attempt to undermine the security or integrity of Zubi's computing systems or networks or, where the Service is hosted by a third party, that third party's computing systems and networks;
   3.2.3 use, or misuse, the Service in any way which may impair the functionality of the Service or Zubi website, or other systems used to deliver the Service or impair the ability of any other user to use the Service or Zubi website;
   3.2.4 attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the services are hosted;
   3.2.5 transmit, or input into the website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
   3.2.6 attempt to modify, copy, adapt, reproduce, create any derivative works, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Zubi website except as is strictly necessary to use either of them for normal operation.
   
4. Payment of Service fees and Types of users
   4.1 When applying for registration you will be required to register either as a "Frequent Plan" User" or "Casual Plan User".
   4.2 Frequent Plan Users must pay:
   4.2.1 The monthly user charge which is payable upon registration and on the anniversary date each month until your registration is terminated.
   4.2.2 The annual fee per calculated finished product for Frequent Plan Users, at the time of releasing a finished product.
   4.2.3 No refunds will be given if your registration is terminated for any reason during a particular month;
   4.3 Frequent Plan Users may give written notice to Zubi at any time that they wish to stop being a Frequent Plan User. Then no monthly user charges will be payable however you will not be able to access your user data until such time as you give notice that you wish to be re-activated as a Frequent Plan User and you start paying the monthly user charge again.
   4.4 Casual Plan Users pay no monthly user charges but must pay the annual fee per calculated finished product for Casual Plan Users, at the time of calculating a finished product.
   4.5 A different fee per calculated finished product applies to Frequent Plan Users and Casual Plan Users. You are responsible for ensuring that a product’s details are ready for being calculated. No refunds will be provided for any mistakes or errors in a finished product that has been calculated.
   4.6 Subject to the above fees, you will be entitled to create unlimited ingredients and formulations and make changes to any ingredients, formulations or finished products at no extra cost.
   4.7 User data on the Zubi website, and finished products will be stored at no additional charge for a period of 12 months from the date the product was calculated. The anniversary date will not be altered by subsequent variations to the data.
   4.8 All fees will be payable by credit card without deduction and will be payable at the required time set out above. The name that will appear on your statement will be "Zubi".
   4.9 If for any reason payment of fees is not made when due then Zubi may suspend or terminate your registration and your access to the Service and deny your access to any inputted data.
   4.10 GST invoices are available on request.
   4.11 All charges are in New Zealand dollars and GST will be added for users with New Zealand business addresses.
   4.12 The calculated information and the report produced on product calculation is the delivery of service.
   
5. Intellectual Property
   5.1 Subject to the limited rights expressly granted to you under these Terms, Zubi retains all right, title and interest in and to the Service and the Zubi website and all its intellectual property rights.
   5.2 You warrant that you are authorised to use all ingredients, formulations and other product data that you input to the Zubi website. Title to, and all intellectual property rights in, the ingredients, formulations and other data submitted through the Zubi website remain your property or the property of those who authorised you to use the data.
   5.3 Your access to the inputted data is subject to payment of all fees when due. Access to data will only be given to the user who submitted the data, unless otherwise specifically agreed.
   5.4 You grant Zubi a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the Service and Zubi website and for any other purpose related to provision of services to you.
   5.5 You must maintain copies of all user input and output data submitted through the Zubi website. Zubi adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of data. Zubi expressly excludes liability for any loss of data no matter how caused.
   
6. Warranties and representations
   6.1 Zubi does not warrant that the use of the Service will be uninterrupted or error free. Zubi will need to carry out maintenance on the Zubi website from time to time and will endeavour to do so outside of normal business hours and provide notice of scheduled maintenance.
   6.2 Access to the Zubi website and the Service may be dependent on services supplied by third parties such as telecommunication companies and internet service providers and Zubi is not liable for any delay or interruptions in third party services that prevent your access to or use of the Service.
   6.3 It is your sole responsibility to determine that the Service meets the needs of your business and is suitable for the purpose(s) for which they are used.
   6.4 You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to your data and the website will comply with laws applicable to you (including any laws requiring you to retain records).
   6.5 Zubi gives no warranty or representation about the Service and in particular but without limitation:
   6.5.1 Zubi does not warrant that the Service will meet your requirements or that it will be suitable for any particular purpose; and
   6.5.2 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, non-infringement and fitness for purpose.
   6.6 You warrant and represent that you are registering to use the Service and actually use the Service for business purposes and agree that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Zubi website or these Terms.
   6.7 The Zubi website may provide links to third-party web sites. The linked sites are not under Zubi’s control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You waive any claim you might have against Zubi with respect to such sites.
   
7. Disclaimer
   7.1 Zubi is not your food labelling consultant and use of the Service does not constitute the provision of food labelling advice. You should consult your own food labelling consultant for food labelling advice.
   7.2 The labels created by the Service are currently only suitable for use in New Zealand and Australia.
   7.3 The Service creates labelling reports based on information and data inputted by you and it is your responsibility to ensure that information and data is correct.
   7.4 Zubi makes all best endeavours to ensure the outputs from the system are compliant with Australia New Zealand Food Standards Code, but Zubi makes no representation that the food labelling information complies with any legislation.
   7.5 Zubi excludes all liability incurred by any person that relies on any labelling information created by the Service.
   
8. Liability
   8.1 You indemnify Zubi against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to Zubi, including (but not limited to) any costs relating to the recovery of any unpaid fees or Zubi’s enforcement of its rights and remedies.
   8.2 To the maximum extent permitted by law, Zubi excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including consequential loss, loss of information, data and profits) or damage resulting, directly or indirectly, from any use of, or reliance on, or violation of copyright, or inability to use the Service or the Zubi website.
   8.3 Zubi’s liability arising from or in relation to the supply of the Service and the Zubi website will be limited in respect of any one incident, or series of connected incidents, to the fees paid by you in the previous 12 months.
   
9. Termination
   9.1 Either you or Zubi may terminate this Agreement by giving 7 days email notice, (via support@zubionline.com). before the monthly or annual anniversary date..
   9.2 Notwithstanding clause 9.1, if you:
   9.2.1 breach any of these Terms (including, without limitation, by non-payment of any fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
   9.2.2 breach any of these terms and the breach is not capable of being remedied; or
   9.2.3 your business become insolvent or goes into liquidation or has a receiver, liquidator, manager or administrator appointed in relation to any of its assets or if you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction;
   9.2.4 fail to use the Service for a period of at least 12 months,
   then Zubi may immediately take any or all of the following actions without giving notice:
   9.2.5 terminate this Agreement and your use of the Service and the Zubi website;
   9.2.6 suspend your use of the Service and the Zubi website;
   9.2.7 suspend or terminate your access to all or any of your inputted data.
   9.3 From the date of termination you must cease using the Service and Zubi will be under no obligation to store your inputted data. Termination does not affect any rights and obligations that have accrued up to and including the date of termination. You will remain liable for any amounts that have become due for payment before or after termination.
   
10. Help Desk
    10.1 In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting Zubi. If you still need technical help, please check the help pages on the Zubi website or if that does not address your issue then you may email us at support@zubionline.com and reasonable levels of email support will be provided without additional charge. Zubi reserves the right to charge for any support required that exceeds reasonable levels, and will provide advance warning of potential charges or suggest user training.
    
11. General
    11.1 These terms, together with the Zubi privacy policy, security policy and the terms of any other notices given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Zubi relating to the Service.
    11.2 If either party waives any breach of these terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    11.3 Neither party will be liable for any delay or failure in performance of its obligations under these terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
    11.4 You may not assign or transfer any rights to any other person without Zubi's prior written consent.
    11.5 If any of these terms is held to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions are not affected.
    11.6 Any notice given under these terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Zubi must be sent to support@zubionline.com or to any other email address notified by email to you by Zubi. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
    11.7 A person who is not a party to these terms has no right to benefit under or to enforce any term of these Terms.
    11.8 Zubi reserves the right at any time to discontinue the Service, to change our then-current pricing for the Service and to alter features, specifications, capabilities, functions, licensing terms, general availability or other characteristics of the Service.
    11.9 The laws of New Zealand will apply to these terms. If you are outside of New Zealand then the laws of New Zealand still apply except that references to legislation and laws shall be interpreted as references to the equivalent legislation and laws in the local jurisdiction.

12. Last updated: 28 March 2013

Security Policy

1. Privacy
2. Terms of Use
3. Security Policy

1. Security Policy
   
   Zubi takes security of your data seriously. Zubi aims to ensure your data is always safe and protected. Zubi’s security steps are set out below.
   
   
2. SSL
   
   Our servers have SSL Certificates so all user names and passwords transferred between your internet browser and Zubi are encrypted. This encryption is the same as that used for internet banking.
   
   
3. User access
   
   No one has access to your inputted data except the registered user who inputted that data. We do not recommend that you give your user name and password to any other person and if you do so then you are responsible for any acts carried out under that user name and password.
   
   
4. User passwords
   
   Users must choose a strong password and automatic lockouts are enforced when incorrect passwords are repeatedly entered. If you leave your computer unattended for an extended period, you will be automatically logged out.
   
   
5. Physical and network security
   
   The data is stored on a virtual private server with our hosting provider Microsoft. The server is physically located in the Microsoft Azure data centre in Sydney. The data centers are physically constructed, managed, and monitored 24 hours a day, to shelter data and services from unauthorized access as well as environmental threats. Security is monitored with the aid of centralized monitoring, correlation, and analysis systems that manage the large amount of information generated by devices within the environment and providing timely alerts. Intrusion detection and prevention systems, denial of service attack prevention, regular penetration testing, and forensic tools help identify and mitigate threats from both outside and inside of Azure. Access to customer data by Microsoft operations and support personnel is denied by default. When granted, access is carefully managed and logged. Data center access to the systems that store customer data is strictly controlled via lock box processes. Azure uses network isolation to prevent unwanted communications between deployments, and access controls block unauthorized users.
   
   
6. Third party audits and inspections
   
   Our security is reviewed regularly and audited by external specialists. This includes penetrative testing and automated server port security scanning.
   
   
7. Third party access
   
   Transfer of data to any third parties can only occur with your consent and to organisations that provide adequate data protection.
   
   
8. Data protection
   
   We run database backups daily so we can recover your data if necessary.
   
   
9. Data protection and backup
   
   Our service has been designed for high user availability, with redundancy built into every level of our hosting infrastructure, including redundant power, network, database and web servers.
   
   We run a backup of the server’s database on a daily basis. An image of the virtual private server containing all customer data is also regularly backed up for further data protection.
   
   
   Last updated: 10 December 2014