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Privacy Policy | {THE AND} App

TSD Digital, LLC

Privacy Policy

 

Last Modified: October 1, 2019

Update Log: N/A

 

OVERVIEW

 

TSD Digital, LLC., a Delaware limited liability company (“TSD”), respects your (“User,” “you,” or “your”) privacy and is committed to protecting it through TSD’s compliance with this privacy policy notice (this “Privacy Policy”). This Privacy Policy describes how TSD may collect personal information from the visitors to www.theand.us and its various subpages and The {    } And mobile application and any other services or features made available through the same (collectively, the “Application”), how TSD may use it, with whom TSD may share it, what choices you have regarding it, and how TSD protects it. This Privacy Policy is incorporated into and is a part of the Terms of Service of TSD, which can be found HERE [Insert link to Terms of Service]  (the “Terms of Service”), and TSD encourages you to become familiar with the terms and conditions contained herein and therein.

 

CONSENT

 

By accessing and using the Application, you agree that you have read and understand this Privacy Policy, and that you accept and consent to TSD’s privacy practices described in this Privacy Policy.

 

CHANGES TO PRIVACY POLICY

 

TSD reserves the right to change the terms of this Privacy Policy at any time. TSD may change this Privacy Policy and its privacy practices because of changes in relevant and applicable legal or regulatory requirements, the business or business practices of TSD, in its attempts to better serve your needs, or for any other reason, in its discretion. Notice of such changes to the Privacy Policy or TSD’s privacy practices will be given in the manner described in the Terms of Service, and a revised Privacy Policy will be posted on the Application.

 

CONTROLLER

 

TSD is the controller and responsible for your personal data. If you have any questions about this Privacy Policy, including any requests to exercise your Legal Rights (as set forth below), please contact TSD using the details set out below.

 

WHAT INFORMATION IS COLLECTED?

 

TSD may collect various types of information from or about you depending on how you use the Application and its various features. You supply TSD with various types of information, including personal information that you choose to disclose and TSD also collects information automatically regarding how you use the Application, which TSD may collect as you interact with the Application.

 

Information you Provide to TSD

 

With respect to personal information, you may provide TSD with various types of information, including, without limitation, you and your name, address, telephone number, e-mail address, transaction information, as well as billing and payment information that you voluntarily provide through the Application. This information is generally entered into fields in the registration or subscription forms and enables you to take full advantage of the Application. Should you submit any purchase information on or for the Application, the information that you supply during the process may be used to track details about those purchases or uses. TSD may collect email addresses from you and other Users, customers, and visitors to the Application for the purpose of communication. If at any time you wish to be removed from TSD’s email database, you can request removal by contacting TSD at contact@theand.us. TSD reserves the right to contact you via postal mail, email, or telephone for the purpose of administering your account.

 

TSD may also retain the content of and metadata regarding any correspondence you may have with TSD or its customer service representatives or other employees or contractors, regardless of the mode of communication by which such correspondence occurred. This includes, without limitation, any information contained and consented to, as described in the Terms of Service. This information helps TSD to improve the Application and the materials, products, and services that are offered on the Application, and to more effectively and efficiently respond to both current and future inquiries.

 

Automatic Information Collection and Tracking  

 

When you access and use the Application, it may use technology to automatically collect:

 

  • certain details of your access to and use of the Application, including traffic data, location data, logs, and other communication data, and the resources that you access and use on or through the Application.
  • information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • stored information and files, metadata, and other information associated with other files stored on your device, including, without limitation, photographs, audio and video clips, personal contacts, and address book information.
  • real-time information about the location of your device for analytics.

 

If you do not want TSD to collect this information, do not purchase or access the Application. TSD also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.

 

As with many other websites, the web servers used to operate the Application collect certain data pertaining to you and the equipment and communication methods that you use to access the internet and the Application. Without combining this data with other sources of information, the servers do not readily identify you. They do, however, reveal such things as the Internet protocol (“IP”) address assigned to your computer, pages you accessed on the Application or immediately prior to visiting the Application, and the length of time you accessed the Application. This information is collected to, among other things, facilitate Application operation and system administration, to generate aggregate, non-identifiable statistical information, and to improve content and content delivery with regard to the Application and the materials, products, and services that TSD makes available on the Application.

 

USE OF COOKIES

 

TSD uses “cookies” (small text files stored on your computer) to help track and customize your access and use of the Application. Cookies store and retain information that helps TSD recognize you when you return to the Application following a previous visit. Cookies may also store any login or ID assigned to you by TSD and the associated password, which information would be stored in encrypted form. Most popular internet browser packages allow you to configure the browser so as to not accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Application and the materials, products, and services that TSD makes available on the Application.

 

TSD may also use the following:

 

Flash Cookies. Certain features of the Application may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Application. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see TSD’s Use and Disclosure of your Information below.

 

Web Beacons. Pages of the Application and e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit TSD to, for example, count Users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

 

Google Analytics Cookies. The Application may use Google Analytics cookies, which is a simple, easy-to-use tool that helps website owners measure how users interact with website content. As a user navigates between web pages, Google Analytics provides website owners JavaScript tags (libraries) to record information about the page a user has seen, such as the URL of the page. The Google Analytics JavaScript libraries use HTTP Cookies to “remember” what a user has done on previous pages / interactions with the website.

 

Third Party Use of Cookies And Other Tracking Technologies Like Google Analytics

 

TSD may use Google Analytics cookies (see above) and may use these cookies with remarketing using Google Analytics to create ads for you and others. Some content or applications, including advertisements, on the Application may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Application. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. These third parties may use this information to provide you with interest-based (behavioral) advertising or other targeted content. TSD does not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

TSD also collects data about your activities that does not identify you personally or indirectly when you use the Application, or other websites and online services where TSD may display ads. This information may include content you view, the day, time, and manner in which you access the content, the products or services or portions of the Application you purchase, and your location details associated with your IP address. TSD may use this information that it collects to serve you more relevant advertisements. TSD also may collect information about where you saw the advertisements it delivers to you and what ads you click on. TSD may use remarketing to advertise across the internet and other websites. Please contact TSD if you do not want to participate in these programs. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page at http://www.google.com/settings/Ads Settings page. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

 

TSD does not attempt to collect personal information from children. Children under 18 years old are not the target audience for the Application. To protect their privacy, TSD prohibits the solicitation of personal information from these children or the use of the Application by these children. If you are under the age of 18, do not access the Application or submit your email address or any other personal information through the Application.

 

TSD’S USE AND DISCLOSURE OF YOUR INFORMATION

 

Choices About How TSD Uses and Discloses Your Information

 

TSD strives to provide you with choices regarding the personal information you provide to it. It has created mechanisms to provide you with the following control over your information:

 

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Application may then be inaccessible or not function properly.

 

Disclosure of Your Information for Third-Party Advertising. If you do not want TSD to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by sending an email stating your request to contact@theand.us.

 

Promotional Offers from TSD. If you do not wish to have your email address or contact information used by TSD to promote its own or third parties’ products or services, you can opt out by sending an email stating your request to contact@theand.us. If TSD has sent you a promotional email, you may send a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to TSD as a result of a purchase made for or through the Application.

 

Targeted Advertising. If you do not want TSD to use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences, you can opt out by visiting http://www.google.com/settings/Ads Settings page. Please note, TSD does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose to not have your information collected or used in this way. You can opt out of receiving targeted ads from members of the NAI on the NAI’s website. See the link above.

 

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights below for more information.

 

ACCESSING AND CORRECTING YOUR INFORMATION

 

You can review and change your personal information by sending an email to contact@theand.us to request access to, correct, or delete any personal information that you have provided to TSD. TSD may be unable to delete your personal information without removing your access to and use of all or significant portions of the Application. TSD may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.

 

If you delete your User Contributions (as defined in the Terms of Service) from the Application, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Application Users. Proper access and use of information provided on the Application, including User Contributions, is governed by the Terms of Service.

 

California residents may have additional personal information rights and choices. Please see YOUR CALIFORNIA PRIVACY RIGHTS below for more information.

 

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding TSD’s use of your personal information. To learn more about your California privacy rights email contact@theand.us or visit https://www.caprivacy.org.

 

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Application that are California residents to request certain information regarding TSD’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@theand.us or write to TSD at the address below.

 

DISCLOSURE FOR LEGAL PURPOSES

 

TSD reserves the right to disclose any personally identifiable information or other information it collects through the Application or otherwise if it is required to do so by law or if it reasonably believes that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on it; (c) protect or defend its legal rights or property or third party licensors of any material on the Application; or (d) in an emergency to protect the health or safety of the Users of the Application or the general public.

 

Your use of the Application, including any disputes arising from it, is subject to this Privacy Policy as well as the Terms of Service and all dispute resolution, limitation on damages, and choice of law provisions therein. TSD encourages you to refer to this Privacy Policy on an ongoing basis so that you understand the current Privacy Policy. Unless stated otherwise, the current Privacy Policy applies to all information that TSD has about you and your account.

 

HOW DOES TSD USE THE INFORMATION IT COLLECTS?

 

In addition to the uses mentioned or described above, TSD uses the information that it collects from or about you to improve the materials, products, and services that it makes available on the Application, to notify you of changes made to the Application or new products or services made available on or through the Application, to evaluate your needs and customize Application content delivered to you according to those needs, to facilitate the processing of any purchases or uses you make through the Application, to send you promotional material from TSD and its affiliates, and for other legitimate and lawful business purposes of TSD. Other than to the extent necessary or convenient for TSD to perform the Terms of Service, TSD may share information collected about you with third parties, such as for certain special programs that it offers in connection with some of its business affiliates, which may involve special promotions and/or pricing, and in which you may or may not be participating. Should you register as a participant in one of those programs, TSD will acknowledge your registration and notify its applicable business affiliates of your registration, thereby enabling you to receive the corresponding program benefits. At this time, which may be subject to change in TSD’s sole discretion, it is TSD’s policy not to sell lists containing personal information about Application Users, purchasers, registrants, or subscribers; however, TSD may in the future sell lists containing personal information, contact information, including the name, email, and mailing address, or a combination thereof, about Application Users, purchasers, registrants, or subscribers. By providing your information, you are consenting to such use. You have the right to withdraw consent to marketing at any time by contacting TSD at contact@theand.us.

 

HOW DOES TSD PROTECT INFORMATION COLLECTED ABOUT YOU?

 

TSD places a high value on protecting information transmitted via the Application. For this reason, TSD uses state-of-the-art security solutions to process payments and to provide secure communication methods. TSD’s payment services providers use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard User information. Other security safeguards include, but are not limited to, third-party payment processors, data encryption, firewalls, and physical access controls to building and files. TSD does not store payment information. TSD takes commercially reasonable measures to secure and protect customer-specific information transmitted via or stored on the Application. However, no security system is impenetrable. TSD CANNOT AND DOES NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIMS THAT INFORMATION USERS SUPPLY TO TSD OR ON THE APPLICATION WILL BE TOTALLY SECURE.

 

HOW LONG DOES TSD KEEP YOUR PERSONAL DATA?

TSD will only retain your personal data for as long as reasonably necessary to fulfill the purposes it collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. TSD may retain your personal data for a longer period in the event of a complaint or if it reasonably believes there is a prospect of litigation in respect to its relationship with you. To determine the appropriate retention period for personal data, TSD considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which it processes your personal data, and whether it can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

 

DOES TSD DISCLOSE INFORMATION TO OUTSIDE PARTIES?

 

TSD may share your information to individuals outside of TSD, including, without limitation, its affiliates or to any third parties. Currently, TSD does not sell, trade, or otherwise transfer to outside parties your personally identifiable information for a referral fee. TSD, in its sole discretion, may also release your information when it believes release is appropriate to comply with the law, enforce Application policies, or protect TSD’s or others’ rights, property, or safety. Additional non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

BUSINESS TRANSFERS

 

As TSD continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.

 

LINKED SITES

 

For your convenience, some hyperlinks may be posted on the Application that link to other websites not under the control of TSD. Other company logos may also be posted on the Application as service providers to TSD. Please note that this Privacy Policy applies only to the Application and not to other websites of other organizations to which it may link. TSD is not responsible for the privacy policies or practices of any other third-party sites. You should make your own inquiries regarding them. In addition, when you initiate a transaction on a website that the Application links to, even if you reached that site through the Application, the information that you submit to complete that transaction becomes subject to the privacy practices of the owner of that linked site. You should read their privacy policies to understand how they use and protect personal information that they collect. TSD is not responsible for the privacy or information practices of its suppliers or any third-party websites.     

 

WHAT CHOICES DO YOU HAVE?

 

You may update at any time the information about you and your personal preferences stored on the Application derived from information you have provided to TSD. You may also ask TSD at any time to remove your name from the list of Application Users who wish to receive electronic communications and e-mail advertisements from TSD or its affiliates by simply sending such a request to TSD at the addresses given below. Once you opt out, TSD will honor your choice until you inform it otherwise. Please remember, however, that if TSD has already shared information about you pursuant to your registration and participation in any special programs of its business affiliates (as described above), TSD has no control over how such business affiliates may further use that information, and you will need to contact them directly in that regard.

 

YOUR LEGAL RIGHTS

 

You have the right to any of the following at any time:

 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data TSD holds about you and to check that it is lawfully processing it.


Request correction
of the personal data that TSD holds about you. This enables you to have any incomplete or inaccurate data TSD holds about you corrected, though it may need to verify the accuracy of the new data you provide to it.

 

Request erasure of your personal data. This enables you to ask TSD to delete or remove personal data where there is no good reason for it continuing to process it. You also have the right to ask TSD to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where TSD may have processed your information unlawfully, or where TSD is required to erase your personal data to comply with local law. Note, however, that TSD may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.

 

Object to processing of your personal data where TSD is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where TSD is processing your personal data for direct marketing purposes. In some cases, TSD may demonstrate that it has compelling legitimate grounds to process your information, which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask TSD to suspend the processing of your personal data in the following scenarios:

  • If you want TSD to establish the data’s accuracy.
  • Where TSD’s use of the data is unlawful but you do not want TSD to erase it.
  • Where you need TSD to hold the data even if TSD no longer requires it as you need it to establish, exercise, or defend legal claims.
  • You have objected to TSD’s use of your data, but TSD needs to verify whether it has overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party. TSD will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for TSD to use or where TSD used the information to perform a contract with you.

 

Withdraw consent at any time where TSD is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, TSD may not be able to provide certain products or services to you. TSD will advise you if this is the case at the time you withdraw your consent.

 

WHO CAN YOU CONTACT FOR MORE INFORMATION?

 

Should you feel that your privacy or security is being compromised, or have any other questions regarding the privacy practices or this Privacy Policy, please notify TSD using the following contact information:

 

Attn: Legal

TSD Digital, LLC

                                               

                                               

Email: contact@theand.us

 

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE TERMS OF SERVICE REFERENCED HEREIN.