Zoo Miami Terms & Conditions: Top Legal Risks and How to Fix Them | Erayaha

## When Legal Loopholes Threaten Conservation: Zoo Miami’s T&C Under the Microscope

Imagine a nonprofit facing a GDPR fine of €20 million or a class-action lawsuit over data sharing—these are real risks lurking in Zoo Miami’s current Terms & Conditions. Our analysis reveals four high-impact legal and logical issues that could expose the organization to regulatory penalties, reputational harm, and substantial financial loss. Here’s what every nonprofit and business can learn from this case study.

1. Ambiguous Consent for Data Sharing with Third Parties Zoo Miami’s terms allow sharing of personal information with third parties, including marketers and nonprofits, without obtaining explicit user consent or providing an opt-out mechanism. This creates a direct conflict with GDPR (Art. 7, 21) and CCPA requirements, risking regulatory fines and loss of donor trust. If even 1% of Zoo Miami’s annual donors (estimated at 100,000) file complaints, potential exposure could exceed $2 million in damages and penalties.

Legal Analysis

high Risk

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Please note that ifIf you become a Member of ZMF, your Information maywill only be shared with third parties (e.g., other nonprofit organizations, marketers) whose information or services we think may be of interest toif you. These third parties may wish to communicate with have provided explicit, informed consent, and you by regular mail or email or share your informationwill be provided with othersa clear opt-out mechanism prior to any such sharing, in compliance with applicable privacy laws including GDPR and CCPA.

Legal Explanation

The original clause lacks explicit consent and opt-out provisions, violating GDPR and CCPA requirements for lawful data sharing. The revision ensures compliance, reduces regulatory risk, and protects user trust.

2. Vague Security Disclaimer Shifts All Risk to Users The T&C state that Zoo Miami “cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.” This broad disclaimer may be unenforceable under state consumer protection laws and could invalidate cyber insurance claims. In the event of a breach, this language could result in litigation costs exceeding $500,000, not to mention regulatory penalties under Florida privacy statutes.

Legal Analysis

high Risk

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Please note that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, whileWhile we tryimplement industry-standard security measures to protect your personal information, we cannot ensureno method of transmission over the Internet or guaranteeelectronic storage is completely secure. We accept responsibility for maintaining reasonable safeguards and will notify users promptly in the securityevent of any information you transmit to usa data breach, and you do so at your own riskas required by applicable law.

Legal Explanation

The original clause attempts to disclaim all liability, which may be unenforceable and could undermine insurance coverage. The revision aligns with legal obligations and industry standards, reducing litigation risk.

3. Insufficient Parental Notification for Children’s Data While Zoo Miami claims not to knowingly collect data from children under 13, the policy lacks a clear, proactive mechanism for parental notification and consent, as required by COPPA. Failure to comply can result in FTC fines up to $43,792 per violation, with nonprofit sector settlements often reaching six figures.

Legal Analysis

high Risk

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We neither solicit nordo not knowingly accept anycollect information from children under the age of 13. If we become aware that a child under 13 has provided us with personally identifyingpersonal information without parental or guardian consent, we will promptly notify the parent or guardian should contact us to remove, obtain verifiable parental consent where required, and delete the information in accordance with COPPA and opt out of promotional opportunitiesother applicable laws.

Legal Explanation

The original clause lacks a proactive notification and consent mechanism, as required by COPPA. The revision establishes a clear process for compliance and reduces regulatory exposure.

4. Unclear Data Retention and Deletion Practices The T&C do not specify how long personal data is retained or how users can request deletion. This omission creates compliance gaps with GDPR (Art. 17, right to erasure) and CCPA, exposing Zoo Miami to regulatory investigations and potential fines of up to $7,500 per violation.

Legal Analysis

high Risk

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We will occasionally update this Privacy Policyretain personal information only as long as necessary to maintainfulfill the highest protection for our users and to comply with a changing environment. We recommend that you check the policy when you visit our site to be sure you are aware of and understand our current policy. If we make material changes topurposes outlined in this policy or in how we will use or collect your personally identifiableas required by law. Users may request deletion of their personal information at any time, and we will prominently post suchcomply in accordance with GDPR and CCPA requirements. Material changes prior to implementing the change. Weour data practices will not make changes in how we handle previously collected personal information that has retroactive effect unless legally requiredbe communicated directly to do soaffected users, with an opportunity to review and consent where required.

Legal Explanation

The original clause omits data retention periods and user deletion rights, creating compliance gaps with GDPR and CCPA. The revision adds clear retention, deletion, and notification procedures.

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Conclusion: Proactive Legal Protection is Non-Negotiable

Our examination shows that even well-intentioned organizations face significant legal and financial risks from ambiguous or outdated terms. Proactive redlining and legal review can prevent regulatory fines, litigation, and reputational damage—often saving millions in the long run.

Are your terms clear on data sharing and user rights?
Would your current policies withstand a regulatory audit or class-action lawsuit?
What steps can you take today to close preventable legal loopholes?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.