Tomo Privacy Policy
Last Updated: Oct 8, 2024
Privacy Policy
Tomo (“we”, “us”, or “our”) recognizes that people who use Tomo value
their privacy and is committed to protecting it through our compliance
with this policy. This Privacy Policy (“Policy”) applies to our Site and
applications, products and services (collectively “Services”). This Policy
informs you of our policies regarding the collection, use and disclosure
of personal information when you use our Services, emails we send, or any
other Service where we link to this Policy. By using the Service, you
agree to the collection and use of information in accordance with this
Policy. Unless otherwise defined in this Policy, the terms used in this
Policy have the same meaning as in our Terms of Use.
Please note that this Policy does not apply to information collected
through third-party websites or services that you may access through the
Services or that you submit to us through e-mail, text, message, or other
electronic message or offline.
Information Collection
Types of Personal Information Collected
Depending on how you interact with the Services, we may collect the
following information about or from you:
· Account and profile information you submit to us, such as name, age,
username, password, language, email, phone number, social media account
information, and profile image.
· User-generated content, including comments, photographs, livestreams,
audio recordings, videos, text, hashtags, and virtual item videos that you
choose to create with or upload to the Services (“User Content”) and the
associated metadata, such as when, where, and by whom the content was
created. Even if you are not a user, information about you may appear in
User Content created or published by users on the Services. When you
create User Content, we may upload or import it to our Services before you
save or post the User Content (also known as pre-uploading), for example,
in order to recommend audio options, generate captions, and provide other
personalized recommendations. If you apply an effect to your User Content,
we may collect a version of your User Content that does not include the
effect.
· Messages, which include information you provide when you compose, send,
or receive messages through the Service’s messaging functionalities. This
includes messages you send through our chat functionality when
communicating with other users. That information includes the content of
the message and information about the message, such as when it was sent,
received, or read, and message participants. Please be aware that messages
you choose to send to other users through our Services will be accessible
by those users and that we are not responsible for the manner in which
those Users use or share the messages.
· Information, including text, images, and videos, found in your device’s
clipboard, with your permission. For example, if you choose to initiate
information sharing with a third-party Services, or choose to paste
content from the clipboard onto our Services, we access this information
stored in your clipboard in order to fulfill your request.
· Purchase information, including payment card numbers or other
third-party payment information (such as PayPal) where required for the
purpose of payment, and billing address. We also collect your transaction
and purchase history on or through our Services, such as blockchain
transaction history and other information associated with your linked
cryptocurrency wallet, in order to purchase Keys on the Service. This also
includes your Key purchases and trade history.
· Your phone and social network contacts, with your permission. If you
choose to find other users through your phone contacts, we will access and
collect information such as names, phone numbers, and email addresses, and
match that information against existing users of the Services. If you
choose to find other users through your social network contacts, we will
collect your public profile information as well as names and profiles of
your social network contacts.
· When you use our Site as an Influencer, we collect, in addition to
information provided when you create your account, your name, email
address, telephone number, and the social media usernames you provide,
User Content and other offerings prepared by you, and other information
relating to our relationship with you, such as payment or identity
information. Tomo’s payments to you are made through the third party
payment provider selected by Tomo. You should review the payment
provider’s privacy policy before providing your personal information, as
it is responsible for personal information (as a data controller if you’re
in the UK or EEA) in its own right, and its privacy practices may vary
from ours.
· Your choices and communication preferences.
· Information to verify an account such as proof of identity or age.
· Information in correspondence you send to us, including when you contact
us for support.
· Information you share through surveys or your participation in
challenges, research, promotions, marketing campaigns, events, or contests
such as your gender, age, likeness, and preferences.
· Anonymous information on Services usages (also known as “Log Data”)
which includes: the pages or features of our site with which the Site is
used by a user, search terms, the links on our Site that a user clicked or
used, and other statistics. We use this information to administer the
Service and we analyze (and may engage third parties to analyze) this
information to improve and enhance the Service by expanding its features
and functionality and tailoring to our users’ needs and preferences.
Sources of Personal Information
We collect personal information from various sources including data
directly from you, from public sources, from third party sources, and from
automated systems.
Direct interactions. You may
give us your personal information by filling in forms or by corresponding with
us by post, email or otherwise. This includes data you provide when you:
· sign up for our Services;
· participate in ways to improve customer satisfaction and customer
experience;
· engage customer support;
· request marketing to be sent to you;
· enter a competition, promotion, or survey; or
· give us feedback or contact us.
Public sources. We collect
data from the public blockchain that may reveal your personal information.
Third party sources. We collect
data from certain third party sources.
· Our site may include social media features (“Social Media Widgets”) such
as a “share this button” with Facebook, Twitter, or other social networks.
These social media features are hosted by a third party.
· Advertisers, measurement and other partners share information with us
about you and the actions you have taken outside of the Services, such as
your activities on other websites and apps or in stores, including the
products or services you purchased, online or in person. These partners
also share information with us, such as mobile identifiers for
advertising, hashed email addresses and phone numbers, and cookie
identifiers, which we use to help match you and your actions outside of
the Services with your Tomo account.
· We may also use Google Analytics to help us offer you an optimized user
experience. For more information, see “Cookies” below.
· We may receive information about you from others, including where you
are included or mentioned in User Content, direct messages, in a
complaint, appeal, request or feedback submitted to us, or if your contact
information is provided to us. We may collect information about you from
other publicly available sources.
Automated technologies or interactions.
We automatically collect certain information from you when you use our
Services, including internet or other network activity information such as
your IP address, geolocation-related data, unique device identifiers, browsing
and search history (including content you have viewed in our Services), and
Cookies.
· Usage Information. We
collect information regarding your use of the Services and any other User
Content that you generate through or upload to our Services.
· Device Information. We
collect certain information about the device you use to access the
Services, such as your IP address, user agent, mobile carrier, time zone
settings, identifiers for advertising purposes, model of your device, the
device system, network type, device IDs, your screen resolution and
operating system, app and file names and types, keystroke patterns or
rhythms, battery state, audio settings his isand connected audio devices.
We automatically assign you a device ID and user ID. Where you log-in from
multiple devices, we will be able to use information such as your device
ID and user ID to identify your activity across devices. We may also
associate you with information collected from devices other than those you
use to log-in to the Services.
· Location Data. We collect
information about your approximate location, including location
information based on your SIM card and/or IP address. In addition, we
collect location information (such as tourist attractions, shops, or other
points of interest) if you choose to add the location information to your
User Content. Current versions of the app do not collect precise or
approximate GPS information from U.S. users.
· Image and Audio Information.
We may collect information about the videos, images and audio that are
a part of your User Content, such as identifying the objects and scenery
that appear, the existence and location within an image of face and body
features and attributes, the nature of the audio, and the text of the
words spoken in your User Content. We may collect this information to
enable special video effects, for content moderation, for demographic
classification, for content and ad recommendations, and for other
non-personally-identifying operations. We may collect biometric
identifiers and biometric information as defined under U.S. laws, such as
faceprints and voiceprints, from your User Content. Where required by law,
we will seek any required permissions from you prior to any such
collection.
· Metadata. When you upload
or create User Content, you automatically upload certain metadata that is
connected to the User Content. Metadata describes other data and provides
information about your User Content that will not always be evident to the
viewer. For example, in connection with your User Content the metadata can
describe how, when, where, and by whom the piece of User Content was
created, collected, or modified and how that content is formatted. It also
includes information, such as your account name, that enables other users
to trace back the User Content to your user account. Additionally,
metadata includes data that you choose to provide with your User Content,
e.g., any hashtags used to mark keywords to the video and captions.
· Cookies. We and our
service providers and business partners use cookies and other similar
technologies (e.g., web beacons, flash cookies, etc.) (“Cookies”) to
automatically collect information, measure and analyze how you use the
Services, including which pages you view most often and how you interact
with content, enhance your experience using the Services, improve the
Services, provide you with advertising, and measure the effectiveness of
advertisements and other content. We and our partners also use Cookies to
promote our Services on other platforms and websites. Cookies enable our
Services to provide certain features and functionality. For more
information about how we use Cookies, please see “Cookies” below.
We may link your contact or account information with your activity on and
off our Services across all your devices, using your email or other log-in
or device information. We may use this information to display
advertisements on our Services tailored to your interests, preferences,
and characteristics. We are not responsible for the privacy practices of
our service providers and business partners, and the information practices
of these service providers and business partners are not covered by this
Privacy Policy.
We may aggregate or de-identify the information described above.
Aggregated or de-identified data is not subject to this Privacy Policy.
Retention of Personal Information
Except to the extent prohibited by law, and subject to this Policy, we
will retain and use your personal information for as long as it is needed
for the relevant purpose, including to provide you with any of our
Services, communications, information you have requested, or access to the
Services, to document our business relationship with you, and as necessary
to comply with our legal obligations, resolve disputes, and enforce our
agreements. Please note that the nature of blockchain services is that
certain data cannot be deleted or erased.
Providing us with Personal Information
If you do not provide the personal information that is necessary to
provide you with our Services, we may be unable to respond to your query
or provide our Services to you. In the case of email marketing, you can
choose to opt-out at any time by following the instruction in such emails.
For non-essential cookies, you can choose to opt-out, refuse, or stop the
processing at any time. Please see the Cookies and Analytics Section below
for further details.
Use of Personal Information
We, and our authorised third parties, will only process your personal
information where we have the legal grounds to do so. We use the personal
information that we collect for various purposes, including:
· To provide and maintain our Service. Our lawful basis is to fulfil any
contractual terms with you.
· To notify you about changes to our Service. Our lawful basis is to
fulfil any contractual terms with you.
· To allow you to participate in interactive features of our Service when
you choose to do so. Our lawful basis is our legitimate interests and
contract of providing the Services to you.
· To provide customer support. Our lawful basis is our legitimate
interests as a business in responding to and keeping a record of
correspondence.
· To gather analysis or valuable information so that we can improve our
Service. Our lawful basis is our legitimate business interests in
understanding and improving our services.
· To monitor the usage of our Service. Our lawful basis is our legitimate
business interests in understanding and improving our services.
· To detect, prevent and address technical issues. Our lawful basis is to
fulfil any contractual terms with you by providing technical support and
our legitimate business interests in protecting our Services.
· To provide you with news, special offers and general information about
other goods, services and events which we offer that are similar to those
that you have already purchased or inquired about unless you have opted
not to receive such information. Our lawful basis is your consent to
choose to subscribe to any newsletter or marketing (and you can
unsubscribe at any time) and consent where we use cookies or similar
technology that are not strictly necessary.
· Consistent with your permissions, to provide you with location-based
services, such as advertising and other personalized content. Our lawful
basis is our legitimate business interest in improving the Services we
provide to users.
· To train and improve our technology, such as our machine learning models
and algorithms.
Under European Union and/or United Kingdom regulations, where we have
indicated above that we rely on legitimate interests for processing of
personal information, we carry out a ‘balancing’ test to ensure that our
processing is necessary and that your fundamental rights of privacy are
not outweighed by our legitimate interests, before we go ahead with such
processing. You can contact us for more details using the details below.
Transfer of Personal Information Overseas
We are a global company and will collect and process your personal
information around the globe. Your information, including personal
information, may be transferred to - and maintained on - computers located
outside of your state, province, country or other governmental
jurisdiction from where it was collected and the applicable data
protection laws may differ from those of your jurisdiction.
Disclosure of Personal Information
Personal information may be shared in the following circumstances:
Service providers
We may disclose personal information to third-party service providers or
contractors who use this information to perform services for us, such as
hosting providers, auditors, advisors, consultants, customer service
and/or support providers and other similar service providers.
Advertising and Marketing Partners
We may share personal information with third parties that provide
advertising, campaign measurement, promotions, online and/or mobile
analytics, and related services. These third parties may receive or access
browsing and/or other data about your use of the Services, in order to
measure our ad campaigns, and/or to better understand how individuals
interact with our Services.
Legal Requirements
We may disclose your personal information to law enforcement, government
officials, or other third parties when we have a good faith belief that
such action is necessary to comply with a legal obligation, such as a
valid court order or subpoena, prevent or investigate possible wrongdoing
in connection the Service, protect prevent physical or financial loss, or
to protect against legal liability.
Business Transfers
We may share personal information with companies or other entities that we
plan to merge with or be acquired by.
Protect our Rights
We may disclose personal information where we believe it necessary to
respond to claims asserted against us, to enforce or administer our
agreements and terms, for fraud prevention, risk assessment, investigation
and/or to protect our rights, property, or safety and that of our
affiliates, partners, clients, customers and/or others.
Cookies and Analytics
We use cookies, pixels, tags, and other technologies, which may be
provided by third parties, on our Services to enable certain functionality
and for security and fraud detection and prevention, as well as to collect
usage information about our Services and the emails that we send and to
personalize content and provide more relevant ads and information. We may
combine the information we collect via these technologies with other
information, including personal information.
Cookies
Cookies are alphanumeric identifiers that are transferred to your computer
through your web browser for record-keeping purposes. Some cookies enable
you to log-in to our Services or save certain settings and preferences,
while others allow us to track usage and activities on our Services,
personalize content, or deliver more relevant ads. Most web browsers
automatically accept cookies, but if you prefer, you can edit your browser
options to block them in the future. The "Help" tab on the toolbar on most
browsers will tell you how to prevent your computer from accepting new
cookies, how to have the browser notify you when you receive a new cookie,
or how to disable cookies altogether. If you block cookies, however,
certain features on our Services may not be available or function
properly.
Third parties may use cookies and other similar technologies to collect or
receive information from our Services and elsewhere on the Internet and
use that information to provide you with targeted ads. If you would like
to opt-out of such advertising practices on the particular device on which
you are accessing this Privacy Policy, please go to
http://optout.aboutads.info/. The Network Advertising Initiative also
offers a means to opt-out of a number of advertising cookies. Please visit
http://www.networkadvertising.org to learn more. Note that opting-out does
not mean you will no longer receive online advertising. It does mean that
the company or companies from which you opted-out will no longer deliver
ads tailored to your preferences and usage patterns.
Pixel tags and embedded script (aka clear GIFs and web beacons)
Pixel tags are tiny graphics with a unique identifier, similar in function
to cookies. In contrast to cookies, which are stored on your computer’s
hard drive, pixel tags are embedded invisibly on web pages. We may use
these, in connection with our Services to, among other things, track the
activities of the users of our Services, improve ads, personalize and
manage content, and gather usage information about our website. We may
also use these in HTML emails to help us track email response rates,
identify when our emails are viewed, and track whether our emails are
forwarded.
Third-Party Analytics Tools
Our Services use automated devices and applications operated by third
parties, such as Google Analytics, which uses cookies and similar
technologies to collect and analyze information about use of the Services
and report on activities and trends. This service may also collect
information regarding the use of other websites, apps and online
resources. You can learn about Google's practices by going to
www.google.com/policies/privacy/partners/, and you can opt out of them by
downloading the Google Analytics opt-out browser add-on, available at
https://tools.google.com/dlpage/gaoptout.
Security of Data
The security of your data is important to us but remember that no method
of transmission over the Internet or method of electronic storage is 100%
secure. While we strive to use commercially acceptable means to protect
your personal information, we cannot guarantee its absolute security. We
also have procedures to deal with any suspected personal information
breach, and we will notify you and any applicable regulator when we are
legally required to do so.
Spam and Abuse
To prevent phishing, spam and other kinds of abuse and violations of
Tomo’s Terms of Service, our moderators may check messages that were
reported to them by their recipients. If a spam report on a message you
sent is confirmed by our moderators, your account may be limited from
contacting strangers – temporarily or permanently. In case of more serious
violations, your account may be banned or the messaging feature disabled.
For more information about our community guidelines, please see the Terms
of Service.
Links to Other Sites and Services
Our Service may contain links to other websites, plug-ins and applications
that are not operated by us. If you click a third party link, you will be
directed to that third party's site, which may allow third parties to
collect or share data about you. We strongly advise you to review the
privacy policy of every site you visit.
We have no control over and assume no responsibility for the content,
privacy policies or practices of any third party sites or services.
Children's Privacy
Do Not Track
We do not currently recognize automated browser signals regarding tracking
mechanisms, which may include “Do Not Track” (DNT) signals sent by web
browsers, mobile devices, or other mechanisms. Third parties may be able
to collect information, including personal information, about your online
activities over time and across different websites or online services when
you use the Services. You may opt out of online behavioral ads at
http://www.aboutads.info/choices/
. You also may limit certain tracking by disabling cookies in your web browser.
Your Data Rights
Depending on where you live, you may have certain rights, such as to
request access to or correction of your personal information that we hold
about you. To make a request, please email:
contact@tomo.inc.
European Union and United Kingdom:
Where EU and UK regulations apply, you have the right to:
Request access to your personal
information (commonly known as a "data subject access request"). This enables
you to receive a copy of the personal information we hold about you and to
check that we are lawfully processing it.
Request correction of the personal
information that we hold about you. This enables you to have any incomplete
or inaccurate data we hold about you corrected, though we may need to verify
the accuracy of the new data you provide to us.
Request erasure of your personal
information (also known as the “right to be forgotten”). This enables you to
ask us to delete or remove personal information where there is no good reason
for us continuing to process, when you have successfully exercised your right
to object to processing (see below), where we may have processed your information
unlawfully or where we are required to erase your personal information to comply
with local law. Note, however, that we may not always be able to comply with
your request for erasure for specific legal reasons which will be notified
to you and because of our use of blockchain technology.
Object to processing of your
personal information where we are relying on a legitimate interest (or those
of a third party) and there is something about your situation which 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 we
are processing your personal information for direct marketing purposes. In
some cases, we may demonstrate that we have compelling legitimate grounds to
process your information which override your rights and freedoms.
Request restriction of processing
of your personal information. This enables you to ask us to suspend the
processing of your personal information in the following scenarios:
· If you want us to establish the data's accuracy.
· Where our use of the data is unlawful, but you do not want us to erase
it.
· Where you need us to hold the data even if we no longer require it as
you need it to establish, exercise or defend legal claims.
· You have objected to our use of your data, but we need to verify whether
we have overriding legitimate grounds to use it.
Request the transfer of your
personal information to you or to a third party. We will provide to you, or
a third party you have chosen, your personal information in a structured, commonly
used, machine-readable format. Note that this right only applies to automated
information which you initially provided consent for us to use or where we
used the information to perform a contract with you.
Withdraw consent at any time
where we are relying on consent to process your personal information.
However, this will not affect the lawfulness of any processing carried out
before you withdraw your consent. If you withdraw your consent, we may not
be able to provide certain products or services to you. We will advise you
if this is the case at the time you withdraw your consent.
No fee usually required. You
will not have to pay a fee to access your personal information (or to exercise
any of the other rights). However, we may charge a reasonable fee if your request
is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse
to comply with your request in these circumstances.
What we may need from you.
We may need to request specific information from you to help us confirm your
identity and ensure your right to access your personal information (or to exercise
any of your other rights). This is a security measure to ensure that personal
information is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your
request to speed up our response.
Time limit to respond. We try
to respond to all requests within one month. Occasionally it could take us
longer than a month if your request is particularly complex or you have made
several requests. In this case, we will notify you and keep you updated.
United States Residents:
California Shine the Light.
Where applicable, California Civil Code Section 1798.83 allows California
residents to request certain information regarding our disclosure of personal
information to third parties for their direct marketing purposes. To make such
a request please contact us using the information provided in the Contact Us
section below. Please note, we do not disclose personal information to third
parties for their direct marketing purposes.
California Content Removal for Users Under 18. Users of our Services who are California residents and are under 18 years
of age may request and obtain removal of User Content they posted by contacting
us at
contactuk@tomo.inc. All requests must provide a description of the User Content you want
removed and information reasonably sufficient to permit us to locate that
User Content. We do not accept California Removal Requests via postal
mail, telephone, or facsimile. We may not be able to respond if you do not
provide adequate information. Please note that your request does not
ensure complete or comprehensive removal of the material. For example,
User Content that you have posted may be republished or reposted by
another user.
Nevada. If you are a resident
of Nevada, you have the right to opt-out of the sale of certain personal information
to third parties who intend to license or sell that personal information. To
make such a request please contact us using the information provided in the
Contact Us section below. Please note that we do not currently sell your personal
information as sales are defined in Nevada Revised Statutes Chapter 603A.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of
any changes by posting the new Privacy Policy on this page. We will let
you know via email and/or a prominent notice on our Service, prior to any
significant changes becoming effective and update the "effective date" at
the top of this Privacy Policy.
Contacting us
If you have any questions about this Policy, including any requests to
exercise your legal rights, please contact us using the details set out
below.
For general privacy inquiries, please contact us at:
contact@tomo.inc.
We have appointed a data protection officer (DPO) who is responsible for
overseeing questions in relation to this Policy. If you have any questions
about this Policy, including any requests to exercise your legal rights,
please contact the DPO by sending an email to
dpo@tomo.inc
We have appointed representatives pursuant to Article 27 EU and UK GDPR, who
can be contacted for any questions related to our processing of personal data
in the EU/UK. If you have a question or concern about how we may process your
personal data, please contact
contacteu@tomo.inc or
contactuk@tomo.inc.
You have the right to make a complaint at any time to the Information
Commissioner's Office (ICO), the UK regulator for data protection issues
(www.ico.org.uk) or the Data Protection Commission (DPC), the Ireland
regulator for data protection issues (
https://www.dataprotection.ie/). We would, however, appreciate the chance to deal with your concerns
before you approach the ICO/DPC so please contact us in the first
instance.
©2024 Tomo Inc. All rights reserved.
