- The type of information we collect
- How tomtA collects your information, including tracking and cookies
- How tomtA uses your personal information
- How you can correct or update the information tomtA has
- Consent process for commercial electronic messages
- Rights to object or restrict processing of Personal Information
- Right to be informed of appropriate safeguards
- Who we may share information with
- How we handle Do Not Track requests
- Linked sites and services
- Data security
- Retention of your information
- Notice of privacy rights to California residents
- Notice of privacy rights to residents of the European Union Area
- How to contact us
1. THE TYPE OF INFORMATION WE COLLECT
tomtA may collect information that you provide to tomtA in connection with your use of the tomtA Products when you:
- Register your account with tomtA as a user of the tomtA Products (“Customers”)
- Make changes to your user profile information
- Send messages, forms, or other information to tomtA or other users using the tomtA Products, or
- Install, use or otherwise interact with tomtA Products.
This information may include your first and last name, your address, your occupation, email address, telephone number, your location, and any additional information you provide to tomtA during the account registration process or via the tomtA Products.
tomtA may also collect certain technical information about your use of the tomtA Products. This technical information may include technical information about your device(s), browser type and version, geo-location information, computer and connection information, statistics on page views, traffic to and from the tomtA Products, ad data, Wi-Fi connection information, internet protocol (“IP”) address, and standard web log information.
Additionally, when expressing an interest in obtaining additional information about the tomtA Products or registering to use the tomtA Products, we require you to provide us with personal contact information, such as your name, title, company name, industry, address, phone number, and email address (“Customer Data”).
2. HOW tomtA COLLECTS YOUR INFORMATION; TRACKING AND COOKIES
When you register for an account with tomtA, we may ask you to provide us with certain information in order to create your account, and to provide you with our tomtA Products. This information is collected by us when you fill out forms that may be provided to you through the tomtA Products.
If Cookies are used, they may be used to collect information about you and your use of the tomtA Products, such as your browser type, preferences, data relating to content that has been displayed to you or that you have clicked on, and the date and time of your use. Cookies may also be used in order to further features and processes on the tomtA Products, provide authentication and security for your transactions using the tomtA Products, store your preferences, facilitate relevant advertising, and help us learn more about how users engage with the tomtA Products.
We sometimes use service providers to help us provide certain products and services or to integrate other features. These third-party providers may collect information when you view or use them, including information about you and your device or browser. They may do this using Cookies or similar technologies. These third-party providers also may use these technologies to help share information with us, like how you use their website or application.
As part of using our tomtA Products, tomtA’s Customers may submit to tomtA electronic data or information (“Submitted Data”) that constitutes personal information of other individuals. Such data may include an individual’s name, email address, phone number or any other data that the Customer chooses to submit to us. tomtA generally has no direct relationship with the individuals to whom Submitted Data may pertain. tomtA processes Submitted Data on behalf of our Customers and any uses of Customer Data by tomtA are done so pursuant to our Terms of tomtA Products or a separate agreement in place between tomtA and the applicable Customer, which governs our treatment of Submitted Data.
3. HOW tomtA USES YOUR INFORMATION
tomtA may use your information to:
- Provide access to the tomtA Products to communicate with you
- Personalize, customize, measure, and improve tomtA’s products, services, content, and advertising
- Prevent, detect, and investigate potentially prohibited or illegal activities or a breach of the applicable agreement(s) between you and tomtA
- Analyze the accuracy, effectiveness, usability, or popularity of the tomtA Products
- Generate and review reports and data about tomtA’s user base and tomtA Products usage patterns
- Compile aggregate data for internal and external business purposes
- Resolve disputes and troubleshoot problems; and
- Contact you with information, including promotional, marketing, and advertising information and recommendations that tomtA believes may be of interest to you.
Consistent with applicable laws, including United States CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative notices, however.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. In particular, you acknowledge that tomtA is not responsible for any loss of any passwords or login information which you receive for access to tomtA Products which results from your failure to keep that information secure.
4. CORRECTING AND UPDATING YOUR INFORMATION
Customers may update or change their account information by emailing firstname.lastname@example.org.
You have the right to request access to any Personal Information which tomtA may have about you by contacting email@example.com. The information will be provided in a machine-readable format. You may also ask that we transfer the Personal Information to a third party, which we will do if technically feasible.
You also have the right to review, add and update your Personal Information. You may also request the deletion of your Personal Information where:
- the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed,
- you withdraw consent to tomtA’s possession of the information on which the processing is based and where there is no other legal ground for tomtA’s retention of the information,
- you object to tomtA’s possession of the information and there is no overriding legitimate basis for the retention,
- the personal information has been unlawfully obtained or processed, or
- the personal information has to be erased for compliance with a legal obligation in the European Union or other law to which tomtA is subject.
When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
If your individual personal information has been submitted to us by a Customer as Submitted Data and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please first inquire with the Customer (or his/her organization) directly.
5. CONSENT TO COMMERCIAL ELECTRONIC MESSAGES
If you provide us with an email address, you expressly consent to receiving Commercial Electronic Messages from tomtA about your use of the Website and our Products. If you have any questions about tomtA’s Commercial Electronic Messages, you can contact tomtA at:
43196 Palm Pl, Fremont, CA 94539
Attention: Privacy or by emailing firstname.lastname@example.org
In addition, you may opt out of receiving Commercial Electronic Messages at any time by emailing email@example.com.
6. RIGHTS TO OBJECT OR RESTRICT PROCESSING OF PERSONAL INFORMATION
If tomtA has your Personal Information as a result of your relationship with one of tomtA’s customers, you should first contact that customer before contacting tomtA. You may, however, at any time revoke your consent to the collection, processing and use of your Personal Information by emailing firstname.lastname@example.org. Upon receipt of your request, tomtA will delete your personal data provided tomtA may retain any data which is required for billing and accounting purposes or which is subject to legal retention requirements. In addition, if you discover any errors in data, you may contact us by emailing email@example.com and we will correct it. You can always opt not to disclose information to us, but keep in mind some information may be needed to take advantage of product features or may be required by your relationship with one of tomtA’s customers.
7. RIGHT TO BE INFORMED OF APPROPRIATE SAFEGUARDS WHERE PERSONAL INFORMATION IS TRANSFERRED TO A THIRD COUNTRY OR TO AN INTERNATIONAL ORGANIZATION
tomtA enters into agreements with its customers regarding the safeguards that have been put in place to protect your Personal Information for transfer outside of Switzerland or the European Economic Area. For transfers to countries without an adequacy decision by Switzerland or the European Commission, tomtA puts appropriate safeguards through contractual obligations.
8. WHO WE MAY SHARE INFORMATION WITH
tomtA may disclose the information we collect from you to the following third parties:
- tomtA’s Products Providers. tomtA may share your information with third-party contractors, agents, collaborators, or service providers who provide certain services to tomtA or on tomtA’s behalf, such as operating and supporting the tomtA Products. tomtA may also request your information from a previous service provider, which we need to provide our services to you. Alternatively, tomtA may pass on your information to a service provider that tomtA customers have chosen to replace tomtA.
- Companies that Acquire tomtA’s Business or Assets. If tomtA becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, or dissolution or if the ownership of all or substantially all of tomtA’s business relating to the tomtA Products otherwise changes, tomtA may provide your information to a third party or parties in connection with the applicable transaction
- tomtA’s Affiliates. tomtA may share some or all of your information with tomtA’s parent company, subsidiaries and corporate affiliates, joint ventures or other companies under common control with tomtA.
- tomtA Customers. If tomtA has received your information as part of Submitted Data, tomtA may share that information, or any modifications or revisions to that information with that Customer.
- Switching tomtA Products Providers. tomtA may request your information from your previous service provider, which we need to provide our services to you. Alternatively, tomtA may pass on your information to a service provider that you have chosen to replace tomtA.
- Aggregate Information. tomtA may share information relating to our visitors and users with affiliated or unaffiliated third parties on an aggregate basis, however this information will not identify you personally.
- Legal Requirements. tomtA may share your information with law enforcement, governmental agencies, or authorized third parties, in response to a request relating to a criminal investigation or alleged illegal activity or any other activity that may expose tomtA, you, or any other tomtA user to legal liability, or to protect tomtA’s rights or property, or during emergencies when safety is at risk. tomtA may also share your information in response to court orders, subpoenas, or other legal or regulatory requests, and tomtA may provide access to your information to tomtA’s legal counsel and other consultants in connection with actual or potential litigation. tomtA shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless tomtA proves that it is not responsible for the event giving rise to the damage.
9. HOW WE HANDLE “DO NOT TRACK” REQUESTS
10. LINKED SITES AND tomtA PRODUCTS
tomtA’s website or mobile application may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
11. DATA SECURITY
tomtA takes reasonable measures to protect the information you provide to tomtA or submit through the tomtA Products against misuse, loss, theft, unauthorized use, disclosure, or modification. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk and your information may be disclosed to third parties in unforeseeable situations or situations that are not preventable even when commercially reasonably protections are employed, such as in the case that tomtA or if the tomtA Products are subject to a hacking or other attack. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
12. RETENTION OF YOUR INFORMATION
13. NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by tomtA to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing tomtA at firstname.lastname@example.org.
14. NOTICE OF PRIVACY RIGHTS TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
15. HOW TO CONTACT US
We welcome your comments or questions about this Policy. You may contact us at: firstname.lastname@example.org or via postal mail at:
43196 Palm Pl, Fremont, CA 94539
Effective 15 August 2021