The Three Tomatoes, Inc., believe strongly in an individual’s right to privacy. We recognize that you trust us to provide quality health information. We apply these same high standards when we protect your Personal Information (“Personal Information” is defined as any information that identifies or can be used to identify the person to whom such information pertains) and Personal Health Information (“Personal Health Information” is defined as any information that combines your Personal Information with known health characteristics).
The Three Tomatoes has established this Privacy Policy to describe our practices with respect to the information that we collect from users of our Services. This Privacy Policy is incorporated by reference into the The Three Tomatoes Terms of Use (the “Terms”). Please review this Privacy Policy before you use our Services. By using our Services, you agree to be bound by this Privacy Policy and our Terms. If you do not agree to this Privacy Policy and Terms, please do not use our Services. All other terms not defined in Section 14 or otherwise herein will have the meanings set forth in the Terms.
This Privacy Policy explains:
- The types of information collected by The Three Tomatoes and its partners through the Services and the purposes for which we use it.
- How The Three Tomatoes collects, stores, and shares your information.
- Your rights with respect to such information collection.
- Scope
This Privacy Policy applies to Personal Information that is Processed by The Three Tomatoes in the course of our business, including on the Site and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of The Three Tomatoes, the “Services”). All individuals whose responsibilities include the Processing of Personal Information on behalf of The Three Tomatoes are expected to protect that data by adherence to this Privacy Policy. This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.
This Policy applies to all of The Three Tomatoes’s operating divisions, subsidiaries, affiliates, and branches, and any additional subsidiary, affiliate, or branch of The Three Tomatoes that we may subsequently form.
- Transparency/Notice
The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with The Three Tomatoes and the requirements of applicable law. Some of the ways that The Three Tomatoes may collect Personal Information include:
You may provide Personal Information directly to The Three Tomatoes through interacting with the Services, participating in surveys, registering to receive our Newsletters, during events such as sweepstakes, and requesting Services, or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
- Types of Personal Information we collect
The Three Tomatoes collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors and guests (collectively “Individuals”):
Information you provide directly to us
When you use the Services or engage in certain activities, such as registering to receive our Newsletters, participating in surveys, sweepstakes or contests, or otherwise interacting or requesting information on the Services, we may ask you to provide some or all of the following types of information:
Communication with us
We may collect Personal Information from you, such as your name, postal address, email address and phone number when you chose to request information about our Services, register for our Newsletter, or otherwise communicate with us.
Surveys
From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our Site and/or Services and in any manner consistent with the policies provided herein.
Posting on Site
The Three Tomatoes may offer publicly accessible pages or blogs on the Site. You should be aware that, when you disclose information about yourself in on The Three Tomatoes’s publicly accessible pages or blogs, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
Registration for Sweepstakes or Contests
Occasionally, The Three Tomatoes may run sweepstakes and contests. We ask those who enter in the sweepstakes or contests to provide contact information (e.g., an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you will have the opportunity to opt out of any communications that are not related to awarding prizes.
Automatic Data Collection
We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
Information from Other Sources
We may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access our Services through a Third-Party application, such as an App Store or social network site (“SNS”), we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to The Three Tomatoes and to enhance our ability to provide you with information about our business and Services.
- How do we use the information we collect?
We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:
To provide Services or Information requested
The Three Tomatoes may use information about you to fulfill requests for Services or information, including information about potential or future Services, including to: conduct and process transactions with you; communicate with you, such as to respond to your inquiries, send you Newsletters, notify you if you are winner of a contest or sweepstakes, or notify you of any changes to the Terms that govern our Services or any changes to this Privacy Policy; and allow you to register for events.
Administrative Purposes
The Three Tomatoes may use Personal Information about you for its administrative purposes, including to: measure interest in our Services; improve our Services and develop new services; enforce the Terms that govern our Services or this Privacy Policy; protect our Services, systems, information, employees, business partners, service providers, users, customers or others;
verify Individual identity; prevent potentially prohibited or illegal activities; and
process payment for Services purchased.
Marketing The Three Tomatoes services
The Three Tomatoes may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. The Three Tomatoes may provide you with these materials by email, as permitted by applicable law. Such uses include: to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you and our sponsors; for other purposes disclosed at the time that Individuals provide Personal Information or otherwise with your consent.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.
Research and Development
The Three Tomatoes may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, The Three Tomatoes may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails and Newsletters from us with information on The Three Tomatoes’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.
Services via mobile devices
From time to time, The Three Tomatoes may provide Services that are specifically designed to be compatible and used on mobile devices. The Three Tomatoes will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of The Three Tomatoes’s Services may require that users log in with an account. In such cases, information about use of mobile versions of the Services may be associated with accounts. In addition, The Three Tomatoes may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to The Three Tomatoes to enable Individuals to access accounts and to enable The Three Tomatoes to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. The Three Tomatoes may use personal or non-identifiable information transmitted to The Three Tomatoes to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices The Three Tomatoes provides.
Anonymous and aggregated information use
The Three Tomatoes may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access The Three Tomatoes’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and The Three Tomatoes may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within The Three Tomatoes and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Sharing content with friends or colleagues
The Three Tomatoes’s Services may offer various tools and functionalities. For example, The Three Tomatoes allows you to provide information about your friends through our referral services, such as “Tell a Friend.” Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by The Three Tomatoes or any other Third Parties for any other purpose.
Other uses
The Three Tomatoes may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
- Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
We, as well as Third Parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our Site and Services, and to recognize you across devices:
Cookies: We may utilize “cookies” to maintain a record of your visits and to improve the content and Services. Cookies are text files placed in your computer’s browser to store your preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web beacons: A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Social media widgets: Our Site includes social media features and widgets such as the share this button or other interactive mini-programs. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
Analytics. We may use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Operationally Necessary
We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our Site and Services. This includes technologies that allow you access to our Site and Services; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as saved search, or similar functions.
Performance Related
We may use cookies, web beacons, or other similar technologies to assess the performance of our Site and Services, including as part of our analytic practices to help us understand how our visitors use our Site and Services, determine whether you have viewed an item or link, or to improve our Site content and Services.
Functionality Related
We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our Site and Services. This may include identifying you when you sign into our Site or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Site.
Advertising or Targeting Related
We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Site or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt out of the Technologies we employ on our Site and Services, you may do so by blocking, deleting, or disabling them as your browser or device permits.
- Third-Party Websites and Social Media Platforms
The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and The Three Tomatoes does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
The Site and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
- With whom do we share that information?
We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.
Vendors and Service Providers
We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) customer service activities; (iv) payment processing; and (iv) in connection with the provision of the Site. The Three Tomatoes has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures)
We may access, preserve, and disclose your Personal Information, other Account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce The Three Tomatoes policies or contracts; (v) to collect amounts owed to The Three Tomatoes; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, The Three Tomatoes will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.
- Do we collect information from children?
Our Services are not intended for and we do not knowingly collect information from children under the age of 13. If you believe that your child has registered with our Services or that we have collected information from your child, please contact us immediately so that we can remove that information from our database.
- What security measures do we take with respect to your information?
We employ reasonable security measures to protect the security and confidentiality of the information that we collect from you (including your Personal Information). However, we cannot guarantee the security of your information or that any communication or transmission of such information over the Internet will be entirely secure.
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing.
- Opt-out rights (rights to object to processing)
We offer you choices regarding the collection, use and sharing of your Personal Information and we’ll respect the choices you make. Where you have consented to The Three Tomatoes’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out of further Processing by contacting info@The Three Tomatoes.org. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Site and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
Opt-Out of our Mailings
We may periodically send you Newsletters or other emails. When you receive such Newsletters or other emails from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive. We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms or this Privacy Policy.
“Do not Track”
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
Cookies and Ad Tracking
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes
- International Transfer
You agree that all Personal Information collected via or by The Three Tomatoes may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to The Three Tomatoes, you explicitly consent to the storage of your Personal Information in these locations.
- Rights of Access, Rectification, Erasure, and Restriction
You may inquire as to whether The Three Tomatoes is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to tomato@The Three Tomatoes.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by The Three Tomatoes. Please include your full name, email address associated with your Account, and a detailed description of your data request. Such requests will be processed in line with local laws.
Although The Three Tomatoes makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which The Three Tomatoes is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If The Three Tomatoes determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, The Three Tomatoes will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
- Data Retention
The Three Tomatoes retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
- International Users
By using the Site, The Three Tomatoes will transfer data to the United States. By choosing to visit the Site, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of New Jersey and the adjudication of any disputes arising in connection with The Three Tomatoes or the Site will be in accordance with the Terms.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.
- Redress/Compliance and Accountability
If you have any questions about our privacy practices, this Privacy Policy, or how to lodge a complaint with the appropriate authority, please contact The Three Tomatoes by email at info@The Three Tomatoes.org. We will address your concerns and attempt to resolve any privacy issues in a timely manner.
- Your California Privacy Rights
California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their Personal Information for direct marketing purposes during the preceding calendar year and the categories of Personal Information shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at tomato@The Three Tomatoes.com link sends e-mail) with “California Privacy Rights” in the subject line.
- Amendments to this Privacy Policy
This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.
Revision to the Privacy Policy
We may revise this Privacy Policy in our sole discretion, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.
Posting of Revised Privacy Policy
If there are any material changes to this Privacy Policy, The Three Tomatoes will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
New Uses of Personal Information
Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, The Three Tomatoes will endeavor to comply with the law or contract.
- Definitions
The following capitalized terms shall have the meanings herein as set forth below.
“Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, The Three Tomatoes or to which The Three Tomatoes discloses Personal Information for use on its behalf.
“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
“Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, The Three Tomatoes or The Three Tomatoes’s Agents.
The Three Tomatoes Privacy Policy effective June 25, 2018
