Terms and Conditions


York-Lee, Inc. d/b/a Zagara’s Marketplace (the “Company”) recognizes that privacy is very important to our customers, and we are committed to protecting the security and privacy of any Personal Information (“PI”) that our customers provide to us such as names, addresses, telephone numbers, e-mail addresses, dates of birth, driver’s license number, and checking account information.

The Company values our customers’ trust and we promise to safeguard the PI shared with us through purchases in our marketplace and participation in the ZMPreferred Loyalty Program. The Company will not release PI about customers without their permission, except as required by law or legal process, or as set forth below. The Company will not sell customers’ information to third-parties unrelated to the Program.

This Privacy Policy & Terms of Use discloses the Company’s data collection, usage and protection of PI arising out of the ZMPreferred Program (the “Program”), application and customer’s participation in the Program. Customers acknowledge that their participation in the Program is contingent on acceptance of these Terms of Use.

The PI Collected

It is the Customer’s choice and sole decision to provide the Company with their PI. By applying for and participating in the Program, customers agree to allow the Company to contact them by various means relative to promotions, recalls, and other information of interest. The Company may use PI to create promotional programs specifically tailored to purchases, the frequency of visits and quantity of purchases, among others.

Use of Third-Party Vendors

The Company may be required to disclose certain customer PI to its trusted third-party vendors to complete purchases, transactions, rewards, credit or debit transactions through the use of the ZMPreferred Gold Card. The Company, by contract, requires its third-party vendors to comply with state and federal data privacy standards. The Company and its vendors reserve the right to retain the PI it collects for as long as the Company or vendor has a legitimate business reason and to comply with applicable law or regulations.

Security of PI

The Company has implemented certain data privacy policies to safeguard the PI that the Company owns, uses, stores or collects. The Company uses commercially-reasonable measures to protect against unauthorized access to or use of the PI we collect and as necessary to comply with the Payment Card Industry Data Security Standards (PCI DSS).

Changes to Privacy Policy & Terms of Use

As changes occur in the Company’s business, advancements in technology and amendments to the various state and federal data privacy laws, the Company will continue to review and revise this Privacy Policy & Terms of Use. Customers have the option to update, change and/or delete membership status in the Program at any time for any reason. Upon termination and/or cancellation of the Program by a customer, the Company will have no liability to any member and is automatically released from all claims by such member in respect to the termination, cancellation or forfeiture of ZMPreferred Gold Points, Gold Dollars, redemption of points, or otherwise in respect of such termination or cancellation.

Changes to ZMPreferred Program

The Company has the right to add, modify, discontinue, remove or suspend the Program and associated rewards at any time, without notice and without liability to its customers.

The Company reserves the right to terminate an account and/or a customer’s participation in the Program if the Company determines, in its sole discretion, that the use of the account is unauthorized, fraudulent or otherwise unlawful or that they have violated the Terms of Use.


To participate in the Program, a customer must become a member of the Program. Membership is free and no initial purchase is required. Simply fill out an application accurately, completely and legibly and provide valid proof of identification at the service counter or register lane. Upon completion of the application, the member will receive one (1) ZMPreferred Gold Card and two (2) ZMPreferred Gold Card keychain versions. Only one ZMPreferred account is available per household. Members must be eighteen (18) years of age or older to apply. No Personal Information of minors shall be requested, collected or stored. However, minors are allowed to have access to the Program, incur points and redeem points. The ZMPreferred Gold Card is not a credit or debit card. See ZMPreferred Frequently Asked Questions for more information. The ZMPreferred Gold Card is the property of the Company and it may be revoked at any time by the Company in its sole discretion.

Changes to Customer Information

Customers may edit their profile online or request changes to their PI by providing written notification to the Company. Proof of identity will be required for any Customer to make changes to his/her profile and account information. To the extent such personal or financial information is provided to the Company in hardcopy form, the Company shall destroy and shred all such documents after the Company no longer has a legitimate business reason for maintaining the same.

Advertised Prices, Points and Rewards

Customers participating in the Program must present their personal valid ZMPreferred Gold Card to receive any and all advertised prices by the Company, collect points and earn rewards. Alternatively, Customer may also enter their ten (10) digit phone number provided at time of application to receive advertised prices by the Company, collect points and earn rewards. Customers may only enter their ten (10) digit phone number at the Company’s registers and not at any other participating locations, including third-party locations. Any unauthorized reproduction of the ZMPreferred Gold Card may lead to legal prosecution and forfeiture of all ZMPreferred Gold Points, Gold Dollars and membership in the program.

Collection and Redemption

To collect ZMPreferred Gold Points following enrollment, a ZMPreferred member must make eligible purchases at participating stores using their personal valid ZMPreferred Gold Card. The member’s personal ZMPreferred Gold Card (or phone number provided at time of application) must be presented to the cashier before the transaction is completed. The ZMPreferred Gold Card (or phone number provided at time of application) must be presented at the time of purchase and no ZMPreferred Gold Points will be awarded once the transaction is completed. Any ZMPreferred Gold Card cardholder, irrespective of cardholder’s age, may collect and/or redeem points.

ZMPreferred Gold Points are collected based on purchases at the Company’s location(s). ZMPreferred Gold Points are redeemed through the ZMPreferred Gold Rewards at the Company’s location(s) or participating third-party location(s). The Company may offer special promotions from time to time offering additional ZMPreferred Gold Points on certain products or offering ZMPreferred Gold Dollars. See ZMPreferred Frequently Asked Questionsfor more information on collecting and redeeming points.
ZMPreferred Gold Points or Gold Dollars will not be issued relative to the purchase of the following items/services: lottery, liquor, beer, wine, alcoholic beverages, cigarettes, wire-transfers and postage stamps.

All ZMPreferred Gold Point and Gold Dollar totals, as shown on the cash register receipts, will be deemed accurate. Discrepancies must be addressed with the Company’s customer service within 30 days of the date on which the discrepancy occurred.

ZMPreferred Gold Points and Gold Dollars are not transferable from one ZMPreferred member to another. ZMPreferred Gold Points and Gold Dollars are not marketable and have no cash value outside the terms and conditions set forth herein. ZMPreferred Gold Points and Gold Dollars are reduced to zero upon closure, cancellation or termination of a ZMPreferred membership. Upon the death of a ZMPreferred member, the member’s account will be closed and any ZMPreferred Gold Points and Gold Dollars in the account will be reduced to zero.

In the event that any ZMPreferred member does not acquire ZMPreferred Gold Points or Gold Dollars for twelve (12) consecutive months, the membership will be deemed to be inactive and all accumulated ZMPreferred Gold Points and Gold Dollars will be forfeited. At that time the ZMPreferred Gold Points and Gold Dollars balance will be reduced to zero at the Company’s sole discretion.


For questions about this Privacy Policy & Terms of Use, please feel free to contact us at http://www.zmp1936.com, by phone at 216.321.7917, or by writing to us at 1940 Lee Road, Cleveland Heights, Ohio 44118. If a ZMPreferred Gold Card is lost, stolen or misplaced, please contact the Company’s Customer Service.


This Privacy Policy & Terms of Use is effective as of May 13, 2013. The Company reserves the right to change this Privacy Policy & Terms of Use at any time. Customers will be bound by such revisions and should therefore periodically visit http://www.zmp1936.com to review the then-current policy.