Last updated: December 17, 2019
“Special Categories of Personal Data” is defined as data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We may ask you to submit information that falls into “Special Categories of Personal Data” in connection with allergies, height and weight, pulse rate, food preferences and eating habits. Also, in the event You ask us to analyze items while you are at a location such as a house of worship, a hospital, a campaign office or a picket line, You may be providing such information incidentally; You consent to our use, storage, retention and processing of data included in these Special Categories of Personal Data in the same way that We use, store, retain and process Your Personal Data, and agree that the term Personal Data as used herein includes Special Categories of Personal Data and Interactive Data, as defined below.
We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify Your browser, mobile device, pages you visit, cell service/wifi provider or Your account (including, for example, a persistent device identifier or an Ad ID), and other similar information; You consent to such collection so that we can perform Services to You in connection with an Order (which is a contract between You and Us) and/or so we can provide You with relevant and/or requested Provided Content, data, information and Services. To improve our Services and avoid errors, we may obtain certain analytical information including records of the user sign in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with Instabug and/or Amplitude so we can provide You with the Services you want to receive, error-free.
In order to use True Preferences’ Services, You may from time to time provide personally identifying and other forms of information, including, but not limited to, Your name, age, gender, street address, email address, phone number, and other contact information. In addition, We and our third-party service providers may collect Your billing, shipping, and other information, and We may collect other supplemental information from third parties. You can always choose not to provide any information, but then You might not be able to take advantage of many of True Preferences’ products and Services. Like most standard website servers, We use log files to collect Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type, and date/time stamp. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of content. IP addresses are also linked to personally identifiable information, to improve user’s experience when using the Website. Although, We have no obligation to do so, We may also retain any email, letter, or other correspondence between You and True Preferences and any representative or agent thereof, to ensure quality control.
Information supplied by You to True Preferences may be used to serve You and to operate and maintain Our Services, and in performance of any contract You enter into with us including any order placed via the Sites. For example, We may use the information to respond to Your requests, to customize future use of the Website for You, to improve our Website, to make recommendations to You, to remind You of past orders, and to communicate with You. We may use Your email address or information without Your consent, for a range of purposes including managing, tracking, completing and confirming Your analysis, processing Your payment, marketing, quality of service and administrative purposes, and we reserve the right to share Your personally identifying information with any entity that You order products from via True Preferences, as well as our staff/employees/contractors/team and a currency/credit card processing company whose role is to bill users for purchases made via True Preferences. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific Services and process, store and organize Personal Data on our behalf.
We may use Your Personal Data in connection with information from You that is not Personal Data which we have collected in a manner such that the end-product does not personally identify You or any other user of the Service. We may make information that would otherwise be deemed Personal Data (e.g. the number of Users who have ordered from a particular partner, or who live in a particular zip code) non-personally identifiable by either combining it with information about other users (aggregating Your Personal Data with information about other users), or by removing characteristics (such as Your name or email address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing Your information.
We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”).
In compliance with United States regulations regarding online privacy for children, True Preferences does not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual.
Age-Barred Individuals are not permitted to have an account, use any True Preferences website or app, or submit Content of any type to True Preferences. By using the Service and/or submitting an order, You thereby confirm that You are eighteen (18) years old or older, and not an Age-Barred Individual.
If You have any question about True Preferences’ security, You can send an email to email@example.com.
Although We intend to use reasonable security safeguards to protect the security of personal information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, Your POSTING OR TRANSMITTING PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK. If there is a breach in the security of True Preferences’ Services that impacts or involves Your Personal Data, We will contact You at Your then-current email address; we are not responsible for contacting You in the event of a security breach by or at Your credit card company that does not involve Your True Preferences account. The personal information you provide to us will allow us to run and operate our Service, such as to fulfill your order; maintain the integrity of the Service and the Content that we host; provide you with the Content that you are seeking; minimize spam; and for other legal and accounting/audit reasons; alert you of new products or services, features, or enhancements; handle your questions or issues; administer promotions, contests and sweepstakes; display relevant marketing to you; provide you software and application updates and upgrades; to combat fraud and abuse; and notify you of promotions, updates, or special offers that we think may interest you. We also use information in the aggregate to understand how our users as a group use the services and resources provided on our Service. We also use your email address and phone number as part of the Service in sending you messages about the Service and other general announcements.
- We collect personally identifying information such as Your IP address and e-mail address when You register for/create a user account with the Service, visit any of the sites and Services that are part of True Preferences family of sites, or use any of True Preferences’ Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services; a list of third-party services is provided here. While we endeavor to ensure our service providers’ compliance with our privacy strictures, we cannot guarantee other services’ performance. We or the services we use store or process Your Personal Data in data centers located in the United States, Canada and may subcontract processing to, or share Your information with, third parties located in countries other than those countries and/or Your home country. Your Personal Data may therefore be subject to privacy laws that are different from those in Your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where You may have fewer legal rights in relation to Your information.
- We will use Your e-mail address internally for purposes of managing Your account and maintaining site integrity; in the event the Service allows Users to share photographs, videos and/or comments, such Content will be connected to the User Name of the User submitting such content; if at that time You agree to allow Your e-mail address and/or User Name to be public, it will be public; if You opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to You from True Preferences about Your account, Your orders, our recommendations to You, and news about True Preferences that we reasonably believe to be of use to our registered users. By creating and maintaining a User Account on and with True Preferences, You consent to receiving such emails. We reserve the right to reply to any e-mail message You send to True Preferences and/or its personnel.
- We may use your Personal Data in connection with information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make information that would otherwise be deemed Personal Data non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing your information.
- Social Networking Sites. We may share the information in your account (including your personal information) with the SNS that you have linked to your account. The SNS have access to your personal information only for this purpose (unless the SNS has received your personal information independently of the Service) and not for other purposes. You may be able to post recent activity through the Service back to your SNS account. You will be prompted to decide whether or not your activity through the Service will be shared and disclosed on your SNS service.
- We collect, process and retain the following data for the following reasons:
- E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us, as well as whether You open emails or click the links contained in emails. We need this information so we can respond to You, and so we can handle questions about the Service, and for other legal and accounting/audit reasons including maintaining the integrity of the Service and the Provided Content that we host.
- User-Specific Information: We collect data and information about what pages users access or visit including Your interactions with integral Service features such Orders and Your choices there, location information so we can direct You to True Preferences near You, referral information (i.e. data about what site You are coming to the Service from and where You go to when You leave True Preferences) and whether there are errors in displaying Provided Content to You. We need this information to maintain the integrity of the site, the Service and the Content that we host; to process Your orders and provide You with the items You ordered from our partners and third parties; to provide You with Content; to minimize spam; and for other legal and accounting/audit reasons.
- You consent to our collection, processing and retention of Your Personal Data, Your Content, and personal information (the “User Information”) connected therewith, when You submit Content via True Preferences Services. You also acknowledge that we are collecting Your User Information pursuant to our performance of a contract between You and True Preferences for True Preferences to analyze Your Provided Content We need such consent because Your purpose in and reason for entering into the contract was for items/Provided Content to be analyzed for You. In order for True Preferences to perform under the Contract, Your User Information also needs to be accessible to those on True Preferences’ team who have access to our servers, code, algorithms and operations, and to True Preferences management, Personnel, and legal and accounting support teams, to maintain the integrity of the Service, enforce these Terms of Service and maintain the integrity of the Service.
- In the event we allow Users to create public profile pages, You consent to our collection, processing, retention and display of Your user name to create said public profile page, and to our collection, processing, retention and display of any Personal Data and Content that You submit for inclusion on said Public Profile Page. We need such consent because Your purpose in and reason for including information in Your Profile is for that Personal Data and Content to be visible to the general public.
- In the event we allow Users to write and share comments, You consent to our collection, processing, retention and display of text that You submit as Reviews or Posts, as well as Your Personal Data associated therewith. We need such consent because Your purpose in and reason for submitting a comment is for that Content to be visible to the general public.
- By and through Your use of the Services, You consent to our collection, processing, retention and use of Your IP address for a limited time; we need this consent to provide You with information about True Preferences nearest to You, and other location-based services. Temporarily collecting, processing, and retaining IP addresses also enables us to conduct internal management of the Services, maintain server and Service integrity, and reduce spam. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
- When You make a purchase via True Preferences, You will be asked to freely give informed and unambiguous consent that the Personal Data that You submit in conjunction with Your Order (“Order Information”) can be collected, processed and retained for purposes of enabling You to use Services and tools that are available only to account-holders, as well as for site/Service integrity, legal and accounting/auditing purposes. Order Information includes Your credit or debit card number, card expiration date, CVV code, and billing/payment account address which are shared with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of payment methods including credit or debit cards.
- After You create an account with the Services, we may work with third parties on statistical modelling tools that enables us to recognize and contact You across multiple devices.
- Logs of server interactions, as well as event logs are collected and processed. Our servers automatically record information that Your browser sends whenever You visit the Service. This information includes Your Internet Protocol address, Your browser type and version, the search engine You used to find the Service, if any, referring and exit pages, date/time stamp and clickstream data, which Service You use and when and how long You use them. We use this information to monitor and analyze how users use the Service, to provide customer service, to maintain and improve the Service, and to gather demographic information about our user base as a whole. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Service and the Content that we host, and may use this information in our marketing and advertising services.
Contests and Sweepstakes
When You enter a contest, challenge or sweepstakes with True Preferences, we will use the information You submit to determine a winner, to provide the winner(s) with their prizes (including via mail by sharing PII with the postal or delivery service), and for auditing and legal purposes. We need such consent because Your purpose in and reason for submitting Your information is for and in connection with Your contest entry.
If You submit content to be analyzed for You, You agree to that we can email or message You the receipt and confirmation, analyze the images and/or data, and send You communications about other Content, information, data and/or items that You might be interested in, as well as information about True Preferences Services, True Preferences site policy updates and other matters concerning the management and integrity of True Preferences. You further give informed and unambiguous consent that PII and SCPD submitted in connection with an Order can be collected, processed and retained for analysis and follow-up purposes, as well as legal and accounting/auditing purposes.
“Payment Information” includes Your credit or debit card number, card expiration date, CVV code, check payment information and billing/payment account address. Payment Information is not retained or otherwise used at True Preferences, but it is shared with payment services processors/providers. Starting January 1st, 2020, we are working with Apple Pay and Google Pay and their processing systems — to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; provide You with services and, if applicable, goods; and for other purposes associated with the acceptance of credit or debit cards.
You may contact us at firstname.lastname@example.org if You wish to obtain a copy of the Personal Data that we have collected about You; if the GDPR applies to You, You have the right to request a copy of the information that we hold about You. If You would like a copy of some or all of Your Personal Data, please email or write to us at:
True Preferences, Inc.
ATTN: Legal Dept.
Heidi Tandi, ESQ
777 Brickell Ave., Suite 500,
Miami, FL 33131
We may make a small charge for this service upon subsequent requests.
We want to make sure that Your Personal Data is accurate and up to date. You may ask us to correct or remove information You think is inaccurate.
We cannot delete information in connection with orders You have placed for at least seven years as we must retain it for accounting and legal purposes.
Cookies and Other Technologies
Parts of the Service may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.
Some of our content is stored by and through Google Cloud servers, and we limit access to our control panel. We use Amplitude to understand how our Users use the True Preferences site and Services, Google Analytics for understanding how our Users find and use the Services, Makeomatic, Inc. and Bluestone Apps, LLC. for programming and Service maintenance, Apple Store and Google Play Store to enable downloads of our app, and other sub-processors who are listed here.
We may also collect information when you register for or create a True Preferences account, or connect your TP account with another account, by logging into an account that you already have with Facebook, or certain other third-party social networking site (collectively and individually, “SNS”) via our Service.
We may gather information regarding your contact lists and SNS information and profile.
You may be able to disable cookies on Your web browser through Your browser settings – please consult Your browser’s help menu for assistance. Please note that certain parts of the Service will not be available or usable if cookies are disabled. For example, Users may block Facebook cookies or login code but then would not be able to use Facebook to log in or use the Service; Users may manage and block Google cookies and ads via Google’s website, and may block Google cookies or login code but then would not be able to use Google to log in or use the Service.
In some of our email messages, we use a “click-through URL” linked to content on the Service. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If You prefer not to be tracked in this way, You should not click text or graphic links in the email messages.
A pixel tag or web beacon is an often-transparent graphic image, usually no larger than 1 pixel by 1 pixel, that is placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email. We may use web beacons and/or pixel tags for many purposes, including site usage analytics, advertising, user management, auditing and reporting, and content and advertising personalization.
ACCOUNT TERMINATION AND DELETION
If for any reason You terminate Your user account with us, we will destroy active records containing Your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes, as we need to retain data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.
If You are a resident or citizen of a country where the GDPR applies, and ask us to delete Your account, we will remove Your Personal Data from our Service, and then from our records in accordance with our data deletion cycle, except that we may retain Personal Data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.
If we terminate Your license to use the Service, we may retain enough information to prevent You from signing up for the Service in the future.
USE OF LOCATION-BASED SERVICES
True Preferences may collect, use, transmit, process and maintain Your location data, including the geographic location of Your device, and You hereby consent that True Preferences’ collection, use, transmission, processing and maintenance of such location data to provide such services is permitted.
VIOLATIONS OF THE AGREEMENT
True Preferences reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
CHANGES TO THE AGREEMENT
We may change this Agreement from time to time and without prior notice. If We make a change to this Agreement, it will be effective as soon as We post it, and the most current version of this Agreement will always be posted on our TOS page. If We make a material change to the Agreement, We will notify You. You agree that You will review this Agreement periodically. By continuing to access and/or use the Sites after We post Updated Terms, You agree to be bound by the Updated Terms, and if You do not agree to the Updated Terms, You will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including personal information collected from You through Your use of the Service, could be included in the transferred assets. If True Preferences or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, Your information might be transferred or disclosed to third parties.