Effective as of January 21, 2020
Introduction
Welcome to this website offered by or in connection with Tack Works, Inc. (“we”, “us” or “our”). As used in this privacy policy (the “Privacy Policy”), the singular term “Site” includes all websites and all devices or applications that collect personal information from you, the user of the Site, and each of your employees, agents, partners, clients, affiliated companies or other affiliates who utilize the Site by means of your user account(s) on the Site (individually and collectively, “you” or “your”) that we or our successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future (“Affiliated Companies”) operate that link to this Privacy Policy, web pages within each such website, device or application, any equivalent, mirror, replacement, substitute or backup website, device or application, and web pages that are associated with each such website, device or application.
We respect your privacy and are committed to protecting personally identifiable information you may provide us through our Site. We have adopted this Privacy Policy to explain what information may be collected in connection with our Site, how we use this information (including use by our Affiliated Companies) and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through our Site or through other means and devices described below and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms of Service and the Licensing Agreement posted on our Site, sets forth the general rules and policies governing your use of our Site. Depending on your activities when visiting our Site, you may be required to agree to additional terms and conditions.
We generally keep this Privacy Policy posted on our Site and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. It is your responsibility to monitor and review any updates to this Privacy Policy. Your continued use of this Site, or online services provided by us, after such posting, will be deemed your acceptance of these changes to our Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.
Information We Collect
Our Site typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you that we automatically collect when you visit our Site or that you provide us.
(a) Personally Identifiable Information: Our definition of “personally identifiable information” includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Site. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program promotion or some other aspect of our Site. For instance, you may: (a) provide your name and email address when registering with our Site, or in connection with a contest entry; (b) provide certain demographic information about yourself (e.g., age, job type, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a club; (c) post a general comment and/or recommendation on our Site; or (d) provide payment details for a subscription. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Site.
(b) Non-Personal Information: Our definition of “non-personal information” is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access our Site. This information can include, among other things, demographic information, IP addresses, the type of browser you are using (e.g., Chrome, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Windows 10, Mac OS, iOS, etc.), the name of your Internet service provider (e.g., FiOS, Charter, etc.), the search terms you use on our Site, the specific web pages you visit, and the duration of your visits.
How We Use & Share The Information Collected
(a) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, to notify you about changes or information affecting your account, to respond to your inquiries, to better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our Affiliated Companies, to communicate with you about content or other information you have posted or shared with us via our Site, to manage transactions such as credit card payments for any goods that you order from us or any of our agents or for the fulfillment of such transactions (e.g., delivery). The personal information you provide in connection with placing an order may be used by an authorized vendor to fulfill that order. We may also share your information with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, data storage, security, processing credit card payments, and delivering packages) related to our operation of this Site, processing and fulfillment of product orders, and/or by making certain Site functionality available to our users. Those business partners will only use your information to carry out their specific business obligations to us. You may opt-out from receiving future promotional information from us or our Affiliated Companies, or direct that we not share your information with any Affiliated Companies, as set forth below. Whether or not you opt-out is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Site.
(b) Non-Personal Information: We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, better target advertising and advertising campaigns, and improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our Affiliated Companies and third parties to achieve these objectives and others, but remember that such information is anonymous information that does not personally identify you.
(c) Demographic Information: We use Google Analytics to identify Site users’ demographic information to better customize our advertising and advertising campaigns, targeting both existing and potential Site users. You can find out more about this type of information gathering and use here: http://www.google.com/intl/en/policies/privacy/. If you wish to discontinue of this type of information gathering and use, you can opt-out here: https://www.google.com/settings/u/0/ads.
Other Uses & Information
(a) IP Addresses: An IP address is a number that is automatically assigned to your computer whenever you are accessing the Internet. Web servers (computers that provide web pages) automatically identify your computer by its IP address. When visitors request pages from our Site, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report aggregate information to others, and to track the use of our Site. IP addresses may also be shared as provided in this Privacy Policy. IP addresses may be associated or linked to identifiable users of the Site.
(b) Cookies, Tracking pixels, web beacons, etc.: “Cookies” are small text files from a website that are stored on your hard drive. These text files make using our Site more convenient by, among other things, saving your passwords and preferences for you. We may analyze the information derived from these cookies and other technological tools we employ (such as tracking pixels/web beacons) and match this information with data provided by you or another party. We may provide our analysis and certain information to third parties (who may in turn use this information to provide advertisements tailored to your interests). In some cases, this may involve disclosing identifiable information about you. We currently use Google Analytics, Facebook Ads, and LinkedIn Ads tracking pixels.
If you are concerned about the storage and use of cookies, you may be able to direct your Internet browser to notify you and seek approval whenever a cookie is being sent to your hard drive. You may also delete a cookie manually from your hard drive through your Internet browser or other programs. Please note, however, that some parts of our Site will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.
Tack Works does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use our Service.
(c) Email Communications: If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, it relates to purchases you have made with us (e.g., product updates, customer support, etc.), we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, you can agree to receive some communications but not others. You may “opt out” of receiving future commercial email communications from us by following the instructions at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
(d) Transfer of Assets: We may share your information with our Affiliated Companies, in which case we will require them to honor this policy. As we continue to develop our business, we may sell or purchase assets. In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
(e) Other: Notwithstanding anything herein to the contrary, we reserve the right to use IP addresses to identify a visitor or disclose any personally identifiable or non-personal information about you if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Site, or other users; (d) respond to claims that any posting or other content violates the rights of third parties; (e) in an emergency, protect the health and safety of our Site’s users or the general public; or (f) enforce compliance with our Site rules.
(f) Your California Privacy Rights: Residents of the State of California have the right to request from certain business with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request twice during any calendar year. To obtain this information you should send a request to privacy@foundontack.com with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident and provide a current California address for our response.
You may also request that we disclose the personal information we collect, use, and disclose about you and you may request to opt-out of the “sale” of your personal data. We do not sell your information in the traditional sense, but we do disclose it to third parties like Google and Facebook for behavioral advertising. If you would like to opt-out you may email us at privacy@foundontack.com or send us a letter at the address at the bottom of this policy. We may request additional personal information to verify your identity. We will not discriminate against you for exercising any requests related to the CCPA.
(g) Transfer of Data:Tack Works is based in the United States. Personal Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the European Economic Area (“EEA”) and Switzerland, including the United States. By submitting your personal data, you agree to such transfers. Your Personal Information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. When we transfer or disclose your Personal Information to other countries, we will protect that information as described in this Privacy Policy.
Public Forums
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Site can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Site.
Wireless Marketing Services
We may provide you with the opportunity to register for special promotions, services, news, programming, and information delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, users are required to provide their express consent to receive such information, either by registering on the Site or via their wireless device (or both). We may require you to consent again in a subsequent confirmation message. Such services and promotional opportunities are provided by our third party affiliates. The information requested as part of the online registration process may include your wireless telephone number or email address, but only if specifically requested, and your carrier’s name. Additional information may be requested for specific promotions, such as a user’s preferences regarding goods or services, job type, or other similar survey information. Depending on the promotion, we may also collect an email address or other contact information, and depending on the information collected, you may also be required to confirm your agreement to this Privacy Policy and the Terms of Service.
If you register for wireless marketing services, you understand and agree that you will be charged by your wireless carrier for all messages sent to you. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to a your wireless device, telephone number, or email address.
You may cancel one or more services via your wireless device at any time by using the unsubscribe mechanism provided by at the time the message is sent, or by sending a text message that says “UNSUBSCRIBE.” We will then terminate your registration for the most recent wireless service sent to you. If you unsubscribe, the service(s) will be terminated immediately and will cancel your previous opt-in.
You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate any offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Site.
Children
The features, programs, promotions and other aspects of our Site requiring the submission of personally identifiable information are not intended for anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at privacy@foundontack.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child”s personally identifiable information as well as prohibit the use thereof.
Keeping Your Information Secure
We have implemented security measures to protect against the loss, misuse and alteration of the information under our control, including Secure Sockets Layer (SSL) technology to encrypt the transmission of nonpublic personally identifiable financial and transaction information over the Internet. We also utilize additional security devices such as firewalls, security patches, and anti-virus programs, to protect nonpublic personally identifiable information. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
Other Sites/links
Our Site may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Site and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Site and to read the privacy statements of all third party websites before submitting any personally identifiable information.
Contact, Opt-out, and Change Request Information
You may contact us as at privacy@foundontack.com if you: (a) have questions or comments about our Privacy Policy; (b) wish to view, download, or make corrections to any personal data you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our Affiliated Companies; (d) wish to withdraw your consent to sharing your personally identifiable information with others; or (e) wish to have all your personally identifiable information removed from our systems.
We will respond to your request within 30 days and, if applicable and appropriate, make the requested change in our systems as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Site.
Data Protection Officer (“DPO”) Tack Works, Inc. is headquartered in San Diego, California, in the United States. If you are a resident of the EU and have questions about the collection of your personal information, our DPO can assist you. You may contact our DPO at: Email: privacy@foundontack.com Postal Mail: Tack Works, Inc., Attn: DPO, 10531 4S Commons Dr., Suite 545, San Diego, CA 92127
Sole Statement
This Privacy Policy as posted on this Site is the sole statement of our privacy policy with respect to this Site, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Site.