Updated September 25, 2023
Your privacy is important to us at Tam Technologies, Inc. (“us” or “we”), and we are committed to safeguarding, preserving, and respecting your privacy rights. This online privacy statement (the “Statement” or “Notice”) describes how we collect, use, disclose, and the security of the personal information we gather about you through our webpages, truetoform.fit and thefitsearch.com, or our application (the “Application,” and, with the webpages, the “Website”), or otherwise. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.For purposes of this Statement, personal information means data that classifies as personal information, personal data, or personally identifiable information under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations. Nothing in this Statement will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to us generally or in any specific context.
You should read this Statement carefully. We recommend printing and retaining a copy for your future reference. By accessing, browsing, or otherwise using the Website, you confirm that you have read, understood, and agreed with this Statement. If you do not agree to this Statement, you may not use this Website.
This Statement applies regardless of how the Website is accessed and will cover any technologies or devices by which we make the Website available to you.
We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or fair processing notice we may provide on specific occasions, so that you are fully aware of how and why we are using your data. This Statement supplements these other notices and is not intended to override them.
If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described below in the “How to Contact Us” section below.
We collect the information you voluntarily provide directly to us, such as when you complete a form or submit information to us. We also collect information when you interact with the Website, for example, through our use of cookies.
• Completing Forms on Our Website. If you request to receive information or fill out any forms on our Website, we may ask you to provide information such as your name, e mail address, and/or mailing address.
• When You Contact Us. If you send us an email, we will collect your email address and any information that you provide in the email.
• When You Use Our Application. In order to provide you with our services, we will collect the information you provide through our Application, which may include your name, gender identity, height, weight, body measurements, email address, and depth sensor data. This information will be used to generate a three-dimensional model of your body. Our Application does not store or upload any photographs of you.
• Social Media. If you interact with our Website by sharing on a social media platform, we may collect information that you post. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.
• Job Applications and Employment. If you apply for a job with or are employed by us, we will collect various pieces of information about you.
We automatically collect certain information as you use the Website, such as the following:
• Usage Information. We may collect information automatically through your use of the Website, such as which of the pages on the Website you access, the frequency of access, and what you click on while on our Website.
• Device Information. We may collect information about the device you are using, such as hardware model, operating system, application version number, browser, and IP addresses.
• Mobile Device Information. When you access our Website via a browser on your mobile device, we may also collect mobile network information, including telephone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
• Location Information. We may collect information about your actual location which may be determined from GPS and other sensors that may reveal information on or nearby devices, Wi-Fi access points, and cell towers.
We may send one or more Cookies to your computer or other device. We also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Website. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Website. This information allows us to understand how you use the Website.
Cookies are small files created by websites, including our Website, that reside on your computer’s hard drive and that store information about your use of a particular website. When you access our Website, we use Cookies and other tracking technologies to:
• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Website according to your individual needs;
• Contact you to provide you with information or services that you request from us
• Advertise new content, events, and services that relate to your interests;
• Provide you with more personalized content that is most relevant to your interest areas;
• Recognize when you return to our Website
We set some Cookies ourselves and others are set by third parties. You can manage your Cookies preference as described in the “Managing Your Cookies” section below.
These are the different types of Cookies that we and our service providers use on the Website:
• Essential Cookies. These Cookies are required for the operation of the Website and enable you to move around the Website and use its features. Disabling these Cookies can negatively impact the Website’s performance.
• Analytics, Performance and Research Cookies. These Cookies allow us to analyze activities on the Website. They can be used to improve the functioning of the Website. For example, these Cookies recognize and count the number of visitors and see how they move around the Website. Analytics Cookies also help us measure the performance of our advertising campaigns to help us improve them and to optimize the Website’s content for those who engage with our advertising.
• Functionality Cookies. These Cookies are used to recognize you when you return to the Website. This enables us to personalize content for you and remember your preferences.
• Social Networking Cookies. These Cookies are used to enable you to share pages and content that you find interesting on our Website through third-party social networking and other websites. These Cookies may also be used for advertising purposes
Some Cookies operate from the time you visit the Website until the end of that particular browsing session. These Cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.
Some Cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These Cookies are called “persistent cookies” and the length of time they will remain on your device will vary from Cookie to Cookie. Persistent Cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Website, how your use of the Website may change over time, and the effectiveness of advertising efforts.
It may be possible to block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Website.
You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.
We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Website, compile reports on the Website’s activity, and provide other services related to Website activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.
We also use Google Remarketing features to collect data about visitors to our Website to, among other things, deliver advertising content on sites across the Internet in a manner that is specifically directed toward the interests expressed by the visitors while on our Website. Google uses Cookies to serve ads based on someone’s past visits to the Website. You can opt-out of Google’s use of Cookies to serve ads based on your past visits to the Website via the following link: Google Ad Settings.
There is currently no industry agreed-upon response to a Do Not Track signal. At this time, our Website does not respond differently based on a user’s Do Not Track signal.
We use personal information we collect about you or that you provide to us in the following ways:
• To present our Website and its contents in a suitable and effective manner for you and your device;
• To provide the services you requested to you;
• To advertise opportunities, services, or special events that we think may be of interest to you;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, or comments;
• To carry out our obligations and enforce our rights arising from any contracts;
• To notify you about any additions, upgrades, or changes in our services.
We may share your personal information:
• With third parties who perform data services on our behalf (e.g., hosting, maintenance, backup, analysis, etc.). Any such third parties are under an obligation to us to maintain the confidentiality and security of your personal information, and will not share your data with other parties;
• To third-party service providers to prepare, disseminate and analyze advertising content;
• With third-party business partners that you choose to share your avatar with, in order to provide you with custom-fit clothing, patterns, size recommendations, fit analysis, and/or other services you request;
• To the extent that we are required to do so by law or governmental authority or in connection with any pending or prospective legal proceedings;
• To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
• To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;
• To third parties as part of any business or asset sale;
• In the event of bankruptcy or dissolution proceedings, as part of the sale or reorganization process;
• To any other person or entity where you consent to the disclosure.
We respect your rights in how your personal information is used and shared. If you wish to opt-out of receiving marketing emails from us, please follow the instructions contained in each email you receive, which will allow you to “unsubscribe” from our marketing emails. Please note, however, that we may still need to contact you regarding other matters.
Please also feel free to contact us with any questions through the contact information provided below in the “How to Contact Us” section.
If you are an individual in a country in the European Union, you have the right to make requests to:
● Access the personal information we keep about you;
● Rectify inaccurate personal information;
● Place restrictions on our use of your personal information;
● Object to our use of your personal information;
● Ask us to delete the personal information about you we hold;
● Have your personal information transferred to you or another party of your choosing; and
● Make a complaint to the relevant supervising authority
We describe these rights more fully below.
Asking us to access your personal information
You have the right to obtain from us confirmation as to whether or not we are processing personal information about you and, if so, the right to be provided with the information contained in this Notice. You also have the right to receive a copy of the personal information undergoing processing.
Asking us to rectify your personal information
You have the right to ask us to rectify any inaccurate personal information about you and to have incomplete personal data completed.
Asking us to restrict our use of your personal information
You have the right to ask us to place a restriction on our use of your personal information if one of the following applies to you:
● You contest the accuracy of the information that we hold about you, while we verify its accuracy;
● We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
● We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
● You have objected to us using your information, while we check whether our legitimate grounds override your right to object.
Objecting to our use of your personal information
You have the right to object to our use of your personal information where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).
Asking us to delete your personal information
You can ask us to delete your personal information if:
● We no longer need it for the purposes for which we collected it;
● We have been using it with no valid legal basis;
● We are obligated to erase it to comply with a legal obligation to which we are subject;
● We need your consent to use the information and you withdraw consent;
● You object to us processing your personal information where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.
However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Is Your Personal Information Kept” section below.
If you do exercise a valid right to have your personal information deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).
The right to transfer your personal information to another service provider
You may request that we transfer some of the personal information you have provided to you or another service provider in electronic copy. This applies to personal information we are processing to service a contract with you and to personal information we are processing based on your consent.
Making a complaint
If you have any concerns or complaints regarding our processing of your personal information, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.
If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority. The EU Commission has list of supervisory authorities here.
If you are in a country in the European Union, you may be entitled to an explanation of the legal bases we rely on to process your personal information. The legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it, which is discussed below.
Consent
We may process your personal information based on your consent such as when you purchase a service or ask us to send you certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
Our Legitimate Interests
We may process your personal information if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. For example, when we process your personal information to carry out fraud prevention activities and activities to increase network and information security, identify usage trends, determine the effectiveness of promotional campaigns, expand our business activities and improve our services and the content and functionality of our Website.
To Perform a Contract
We may process your personal information to administer and fulfill contractual obligations to you.
To Enable Us to Comply With a Legal Obligation
We may process your personal information to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts, any legal obligation to share information with law enforcement agencies, public or governmental authorities, and to comply with legal process.
Necessary for the Exercise or Defense of Legal Claims
If you bring a claim against us or we bring a claim against you, we may process your personal information in relation to that claim.
We are the Data Controller of all personal information collected from residents of the European Union. If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information for any specific processing activity, please contact us using the “How to Contact Us” section below.
The Website may contain links to third-party websites. When we provide links, we do so only as a convenience and do not endorse any products or services and are not responsible for any content of any third-party website or any links contained within. It is important to note that this Statement only applies to this Website. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting their website. We also advise that you read the privacy notice of any third-party websites you choose to visit carefully.
We retain your personal information to the extent it is necessary for the purpose for which it was collected. We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Statement or under applicable law, contract, or regulation.
The security of your personal information is important to us. We take various reasonable organizational and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. We have policies and procedures in place to ensure team members know what is expected of them in relation to personal information. We have in place appropriate procedures for accessing our system and access is limited by role. We have also put processes in place to address suspected breaches of your personal information. If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.
However, we cannot and do not guarantee complete security, as it does not exist on the Internet.
Protecting the privacy of the very young is especially important. This Website is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information. If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “How to Contact Us” section below.
Should you have other questions or concerns about these privacy policies, please feel free to contact us at [email protected].
This Notice may change from time to time. We will post any changes to the Notice on this page.