Please note that this Policy may change from time to time. TM will provide notification of any change to this Policy at least 30 days prior to the change taking effect.
INFORMATION COLLECTION AND SUBMISSION
When you visit, or make use of an TM Online Offering, you acknowledge that you may be providing, either actively or passively, TM with two specific types of information: (i) information that you provide which personally identifies you or your business (the Personally Identifiable Information) and (ii) information that you provide, or that TM collects as you interact with an TM Online Offering, which does not personally identify you or your business (the Offering-Use Information).
Personally Identifiable Information. Throughout the TM Online Offerings, you may voluntarily submit Personally Identifiable Information that personally identifies you and your business. For example, an TM Online Offering may ask you to voluntarily submit Personally Identifiable Information if you request information regarding TM’s products or services or request to schedule a consultation with an analyst, attempt to purchase any product or service from a TM Online Offering, or register for a TM Online Offering. Personally Identifiable Information includes, but is not limited to, your (i) name, (ii) title (iii) business’s name, (iv) department, (v) physical address, (vi) phone number, (vii) fax number, (viii) email address, and (ix) billing information.
Offering-Use Information. To help TM tailor the TM Online Offerings to the needs and interests of the TM Online Offerings’ visitors and users, TM may collect various types of Offering-Use Information that do not identify you personally. For example, when you visit or use the TM Online Offerings, TM’s server, through the use of tracking devices, may collect Offering-Use Information pertaining to you, including your IP address, the length of time you spend using the TM Online Offerings, which website pages you visited within the TM Online Offerings, which site you visited before coming to the TM Online Offerings, and which site you accessed when you left the TM Online Offerings.
TM reserves the right to place a text file called a “cookie” (or a piece of information transferred to your hard disk for record keeping purposes) in the browser files of your computer. The cookie itself does not contain information that would personally identify you, although it could enable TM to relate your use of a TM Online Offering to information that you have specifically and knowingly provided to such TM Online Offering or another TM Online Offering.
The TM Online Offerings may provide interactive services, including bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to interact with others. TM does not control the messages, information, or files delivered to, or received from, such interactive services.
Notwithstanding any provision of this Policy to the contrary, TM reserves the right always, and without needing further permission from you, to (i) disclose any information as necessary to satisfy any law, regulation, governmental or law enforcement request, or discovery order or (ii) refuse to post or remove any information or materials, in whole or in part, that, in TM’s sole discretion, are objectionable or in violation of this Policy.
TM uses commercially reasonable administrative, technical, human, and physical measures to protect your Personally Identifiable Information in TM’s possession against loss and theft and unauthorized use, disclosure, or modification. In addition, TM uses commercially reasonable methods to ensure that your Personally Identifiable Information is accurate, up-to-date, and appropriately complete within TM’s systems. You warrant that you shall do the same. However, TM cannot guarantee that any electronic commerce is totally secure. For example, TM has no control over the information collected by your internet service provider or your employer (if any TM Online Offering is made available to you through your employer or if you send Personally Identifiable Information to TM through your employer-provided email account), or information that you disclose in a public forum. Any such third party that collects your Personally Identifiable Information may use the information in accordance with such third party’s terms and conditions of use (and related privacy policies), which may be different from this Policy. TM is not responsible for any information collected by such third parties and/or how such information is used or maintained. Neither any third party nor TM has the authority to make any representations or commitments on behalf of the other.
By using any TM Online Offering, you are consenting to have your personal data, including your Personally Identifiable Information, transferred to, and processed in, the United States pursuant to this Policy. The TM Online Offerings are currently hosted in the United States.
LINKS TO OTHER SITES
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Except as described in this Policy, TM will obtain your permission before TM (i) uses your Personally Identifiable Information in a way that is inconsistent with the purpose for which it was submitted or (ii) shares your Personally Identifiable Information with third parties that are not affiliated with, in a contractual relationship with, or a service provider to, TM. TM will only use the Personally Identifiable Information you provide to TM in a manner that is consistent with this Policy. Notwithstanding any provision of this Policy to the contrary, Personally Identifiable Information shall not include, and TM shall be free to use, any and all information received from or regarding you that has been de-identified.
TM may periodically use your email address to send you promotional materials related to TM’s products and services and products and services of affiliates or business partners. If you want to stop receiving such materials from TM, you should follow the unsubscribe instructions in any such email. TM’s employees, agents, and contractors must have a business reason to obtain access to your Personally Identifiable Information. TM may share your Personally Identifiable Information with (i) those who help TM manage or provide a TM Online Offering or process functionality offered by a TM Online Offering (for example, order fulfillment, statistical analyses, and data processing) or (ii) outside contractors, agents, or sponsors who help TM with the administration and maintenance of a TM Online Offering or process functionality offered by a TM Online Offering. These outside contractors, agents, or sponsors may temporarily store some information on their servers, but they may only use your Personally Identifiable Information to provide TM with a specific service and not for any other purpose. TM may also provide your Personally Identifiable Information to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your Personally Identifiable Information.
There may be instances when TM may access or disclose your Personally Identifiable Information or other information provided or posted by you without providing you a choice in order to (i) protect or defend the legal rights or property of (a) TM, (b) any of TM’s affiliated companies, or (c) an outside contractor or such contractor’s employees, agents, and contractors (including enforcement of TM’s agreements), (ii) protect the safety and security of users of the TM Online Offerings or members of the public, including acting in urgent circumstances, (iii) protect against fraud or for risk management purposes, or (iv) comply with the law or legal process or request by a law enforcement agency. In addition, if TM sells, or desires to sell, all or part of TM’s business or makes, or desires to make, a sale or transfer of all or a material part of TM’s assets or equity or is otherwise involved, or desires to be involved, in a merger or transfer of all or a material part of TM’s business, which TM may do at TM’s sole discretion and without requiring your consent, then TM may disclose and/or transfer your Personally Identifiable Information to the party or parties involved in the transaction in connection with, and as part of, that transaction.
MODIFICATION OF PERSONALLY IDENTIFIABLE INFORMATION
TM will take commercially reasonable steps to correct any Personally Identifiable Information if you inform TM that such Personally Identifiable Information is incorrect.
TM is permitted to use the Offering-Use Information in TM’s discretion. Accordingly, TM reserves the right to aggregate Offering-Use Information with information collected from other visitors and users of the TM Online Offerings to track overall visitor traffic patterns, which will allow TM to develop statistics that are helpful to understanding use of the TM Online Offerings. TM may also use Offering-Use Information (i) to monitor, maintain, and improve the functionality of the TM Online Offerings, making it more responsive to the needs of the visitors and users of the TM Online Offerings, and (ii) for historical, statistical, scientific, or other purposes. TM further reserves the right to use, sell, and assign for any and all purposes all Offering-Use Information; and you authorize TM to use, sell, and assign, for any and all purposes, all Offering-Use Information.
If you would like to communicate with TM about this Policy or TM’s collection and/or use of your Personally Identifiable Information, please contact TractManager at email@example.com.