Privacy Policy
Last
Modified:
This
Privacy Policy (the “Policy”) describes how Tomofun Co. Ltd. and its
subsidiaries and affiliated companies ("Tomofun" or “we” or “us” or
“our”) collects, stores, uses and protects your personal information when you
access or use our website Furbo.com (“Furbo.com” or “Website”), hardware (such
as the Furbo dog camera), any mobile application (“App”) that hyperlinks to
this Policy (such as Furbo), any application programming interfaces (“APIs”)
owned or operated by Tomofun or any third-party APIs used by Tomofun, any other
websites, pages, features, or content owned or operated by Tomofun
(collectively, the “Services”), or when you apply for a job at Tomofun. This
Privacy Policy does not address the privacy practices of any third parties that
we do not own, control, or are affiliated with.
Terms
not defined in this Privacy Policy shall have the meaning given to them in our
Terms and Conditions located at https://furbo.com/us/pages/terms-conditions . By
using our Services, you acknowledge that you have read this Privacy Policy and
that you understand and accept the handling, collection, use, and disclosure of
your personal information in accordance with this Privacy Policy and as otherwise
permitted or required by law.
Please read this Privacy Policy and the Terms and
Conditions carefully before you use our Services. If you do not feel
comfortable with any part of this Privacy Policy or the Terms and Conditions,
you must not use or access our Services.
Tomofun
may change or update this Privacy Policy at any time. If we make a material
change to this Policy, we will provide you with notice as required by law. To
the extent you are subject to U.S. law, by continuing to use the Service after
those changes become effective, you are bound by the revised Policy. To find
out when we last updated this Policy, please refer to the date listed after
“Last Modified” at the top of this Policy.
In
addition, we may provide you with “just-in-time” disclosures or additional
information about the data collection, use, and sharing practices of specific
parts of our Services. These notices may provide more information about our
privacy practices, or provide you with additional choices about how we process
your personal information.
Identified
below are the sections of this Privacy Policy.
To go to a specific section, please click on that heading.
2. Third
Party Sources of Your Personal Information
3. How We
Use Your Personal Information
4.
Disclosure of Your Personal Information
7.
Third-Party Links on the Services
10. Access, Modification, and
Correction of Your Personal Information
11. Retention of Your Personal
Information
12. Notice to California
Residents
13. Notice to Individuals in
the European Economic Area, United Kingdom, and Switzerland
Personal
information is any information that identifies you or makes you identifiable.
Aggregated or anonymized information does not constitute personal information.
When
you use our Services, we may collect the following information about you:
(a)
Account Information.
In
order to make a purchase, Tomofun will request a user to provide certain
personal identifying information, which may include: legal name, postal
address, e-mail address, daytime telephone number, facsimile number, method of
payment, and, if applicable, credit card number. Tomofun may request additional
information necessary to establish and maintain your customer account.
(b)
Client Information.
We
collect the name, and contact information, of our clients and their employees
with whom we may interact. We have a legitimate interest in
contacting our clients and communicating with them concerning normal business
administration such as projects, services, and billing.
(b)
Information You Provide to Us.
We
collect any personal information you provide to us when you use our Services.
For example, you may provide more account profile information about yourself,
your fuzzy friends, and your family.
(c)
Video and Audio Data.
When
you set up the Furbo Camera, we collect any audio, video or pictures you
create, upload, save or share through our Services (the “Content”). We process
Content data according to your configurations and settings. We may
also collect video and audit information of individuals when they pass in front
of the camera or speak when the Furbo Camera is on.
(d)
Activity Data.
While
accessing or using our Services, we may collect your Internet Protocol (“IP”)
address, browser type and language, referring and exit pages and URLs, date and
time, metadata regarding your Content on our Services, and other details
regarding your activity on the App, such as search queries and other
performance and usage data. In addition, we may analyze your Content for motion
or sound activity depending on the features you enable on our Services.
(e)
Device Information.
We
collect information about the device you use to access or use our Services. For
example, we may collect information to identify the type of computer device you
use, and the following data points: your advertising Identifier (“IDFA” or
“AdID”); operating system and version (e.g., iOS, Android or Windows); language
settings in your mobile device; your mobile service carrier; and the network
connection type (WiFi, 3G, 4G, LTE).
(f)
Cookie Data.
We
use “cookies” and similar tracking technologies to collect information about
your use of the Services and to provide you with interest-based advertising.
This means that a third party uses technology (e.g., a cookie) to collect
information about your use of our website so that they can report analytics to
us or provide advertising about products and services tailored to your
interests. That third party might also collect information over time and across
different websites in order to serve advertisements on our website or other
websites. For example, we collect information about the way you interact with
features on our website, how long you spend on certain pages, and whether you
received an error message on our Services. Please read our Cookie Policy (https://shopfr.furbo.com/pages/cookie-policy )
for more information about the cookie data we collect and how you can manage
it.
(g)
Geolocation Data.
We
collect your geolocation data when you use our Services. For example, your
device may configure such that it shares your real-time location-based
information with us. Some of the information we collect from your device (e.g.,
IP address) can sometimes be used to approximate your device’s location.
(h)
Job Application Data.
When
you apply for a job with us, we collect and store your job application
information and any other information you provide to us. This may include,
among other things, your Social Security Number a curriculum vitae, background
check information, nationality/citizenship/government identifiers, or
demographic information etc., and any other information we need to access your
application. We may collect your job
application information via third-party services, such as LinkedIn.
(i)
Customer Support. We collect any information that you provide to us when you
contact us for customer service, IT support, or for any other purposes. Some
website transactions may require a customer to call Tomofun, or Tomofun to call
the customer. Tomofun will not contact you by telephone without your prior
consent, except to confirm an order placed online and/or to inform you of the
status of your order.
We
collect information about you from third-party sources as described below.
(a)
From Your Friends and Family.
We
may receive your contact or other personal information through other users,
such as your friends and family, when they want to share something with you
through or about our Services. When you invite others to join our Services, we
will contact them on your behalf.
(b)
Third Party Marketing Partners and Social Media Platforms
We
collect information about your publicly available social media profiles and any
information obtained about your preferences and interests from third-party
marketing partners. As permitted by applicable law, we process such information
to better understand you, to maintain and improve the accuracy of the
information we store about you, to deliver targeted marketing based on your
interests and preferences, and to better promote or optimize our Services.
We
will only use your personal information as described in this Policy or as
disclosed to you prior to such processing taking place. You can choose not to
allow us to use your personal information for any purpose that is incompatible
with the purposes for which we originally collected it or subsequently obtained
your consent.
If
you choose to limit the ways we can use your personal information, some or all
of the Services may not be available to you.
(a)
To Provide Our Services to You.
We
process your personal information to provide you with the Services you sign up
to receive. For example, when you enable the Smart Alerts, Cloud Recording,
Doggie Diary, and other Furbo features on our Services, we may use artificial
intelligence to analyze your Content for sound and motion to be able to send
you the notifications you request. Please visit the Furbo website to learn
more. We engage third-party companies and individuals to perform functions on
our behalf. Examples may include providing technical assistance,
customer service, marketing assistance, and administration of promotional
programs. These other companies will have access to your information only as
necessary to perform their functions and to the extent permitted by law. We
cannot provide you with Services without processing your personal information.
(b)
To Provide You with Service-Related Communications.
We
will send you administrative or account-related information to you to keep you
updated about your account and the Services. Such communications may include
information about policy updates, confirmations of your account actions or
transactions, security updates or tips, or other relevant transaction-related
information. We process your contact information to send you such
communications. Service-related communications are not promotional in nature.
You are not able to unsubscribe from such communications, otherwise, you may
miss important developments relating to your account or the Services.
(c)
To Provide Customer Support or Respond to You.
We
collect any information that you provide to us when you contact us, such as
with questions, concerns, feedback, disputes or issues. Without your personal
information, we cannot respond to you or ensure your continued use and
enjoyment of the Services.
(d)
To Enforce Compliance with Our Terms, Agreements, or Policies.
When
you access or use our Services, you are bound to our Terms and Conditions. To
ensure you comply with our terms, agreements, or policies, we process your
personal information by actively monitoring, investigating, preventing, and
mitigating any alleged or actual prohibited, illicit or illegal activities on
our Services. We also process your personal information to: investigate,
prevent, or mitigate violations of our terms, agreements, or policies; enforce
our agreements with third parties and partners; and, as applicable, collect
fees based on your use of our Services. We cannot perform our Services in
accordance with our terms, agreements, or policies without processing your
personal information for such purposes.
(e)
To Ensure the Security of the Services.
We
care about keeping you secure and safe while using our Services whether you are
only accessing our website or you invite our Furbo camera into your home.
Keeping you safe requires us to process your personal information, such as your
device information, activity information, and other relevant information. We
use such information to combat spam, malware, malicious activities, or security
risks; improve and enforce our security measures; and to monitor and verify
your identity so that unauthorized users do not gain access to your
information. We cannot ensure the security of our Services if we do not process
your personal information for security purposes.
(f)
To Maintain Legal and Regulatory Compliance.
Our
Services are subject to certain laws and regulations which may require us to
process your personal information. For example, we process your personal
information to pay our taxes, to fulfill our business obligations, ensure
compliance with employment and recruitment laws, or as necessary to manage risk
as required under applicable law. Without processing your personal information
for such purposes, we cannot perform the Services in accordance with our legal
and regulatory requirements.
(g)
To Enhance Your Experience on our Services.
One
size fits all is not our motto – we want you to feel at home when using our
Services. To do so, we process your personal information to keep track of your
preferences (e.g., your language selection, your time zone, etc.), and more.
Without processing your personal information for such purposes, you may not be
able to access or personalize part or all of our Services.
(h)
To Conduct Research and Development.
Continuing
to find innovative ways to connect you to your furry family members is our
mission. We stay up late thinking about how we can improve or expand our
current Services, or how we can create brand new products and services. Our
best ideas come from observing the way you use and interact with our Services!
For example, when you enable Smart Dog Alerts on your account, we use your
Content data to test and refine our artificial intelligence algorithms. When we
use your personal information for research and product development, we take on
additional security measures to protect your personal information, such as
de-identifying or pseudonymizing your information, limiting access to personnel
that may conduct research and development, and applying other technical,
physical, and administrative security measures. Once we have de-identified your
personal information, we will not attempt to re-identify it, except for the
sole purpose of determining if its de-identification process is satisfactory.
If we do not process your personal information for research and development, we
may not be able to continue to provide you with awesome or new products and
services.
(i)
To Engage in Marketing Activities.
Marketing
lets us reach out to potential customers to grow our Furbo community and update
you about new products and services. Subject to the applicable law, we may
process your contact information or information about your interactions on our
Services to:
● send
you marketing communications and keep you updated about our products and
services;
● provide
you with information about events, webinars, or other materials; and
● deliver
targeted marketing to you (please see our Cookie Policy for more information).
You
can also refer your friends, family, or business partners to our Services by
sharing their contact information with us. When you share other individuals’
contact information with us, we will contact them on your behalf to invite them
to our Services and to sign up to receive our marketing communications. We will
always let you opt-out of our marketing activities at any time and free of
charge. Remember, transactional communications about your account or our
Services are not considered “marketing” communications.
We
may disclose your personal information as described below.
(a)
Within Our Corporate Organization.
Tomofun
is a multinational organization, with legal entities, business processes,
management structures, and technical systems. Tomofun may share your personal
information within the Tomofun corporate organization in order to provide you
with the Services and take actions based on your request.
(b)
Mergers and Acquisitions.
Circumstances
may arise where for business reasons, Tomofun decides to sell, buy, merge or
otherwise reorganize its businesses in the United States or some other country.
Such a transaction may involve the disclosure of personal information to
prospective or actual purchasers, and/or receiving such information from
sellers. It is Tomo’un's practice to seek appropriate protection for
information in these types of transactions that are at least as protective as
this Policy.
(c)
Service Providers and Agents.
Tomofun
employs or engages other companies and individuals to perform business
functions on behalf of Tomofun. These persons may be provided with personal
information as required to perform their functions, but are prohibited by
contract from using the information for other purposes, except as permitted by
law or upon your consent. Our contracts with such persons are at least as
protective as this Policy. These persons engage in a variety of functions which
include, but are not limited to, fulfilling orders, delivering packages,
removing repetitive information from customer lists, hosting data and providing
cloud storage services, analyzing data, providing marketing assistance,
processing credit card payments, and providing customer services.
(d)
Affiliated Businesses.
Tomofun
works closely with affiliated businesses by operating website stores together,
and by providing services or selling products on each ot’er's websites. Our
affiliated businesses will identify themselves to you at the time of data
collection. As permitted by law or your consent, your personal information
related to a transaction with an affiliated business is shared with that
affiliated business.
(e)
Marketing by Third Parties.
As
permitted by applicable law or based on your consent, Tomofun may disclose your
personal information to third parties for marketing purposes. If you sign up to
receive marketing communications or otherwise share your personal information
with a third party, Tomofun will not control the processing of your personal
information after it is shared. You should familiarize yourself with the
privacy policies of the third party before sharing your information. If you do
not want us to pass your personal information on to third parties for marketing
purposes, please tick the relevant box situated on the form on which we collect
your data.
(f)
Compliance with Legal Obligations and Disclosure to Governmental Authorities.
Under
certain circumstances, personal information may be subject to disclosure
pursuant to judicial or other government subpoenas, warrants, or orders. As
permitted by law, we will try to inform you of such a disclosure prior to
providing our response.
(g)
Third Parties.
Within
our Services, you can share your personal information with third parties, such
as other applications or services, your friends and family, or other users of
the Services. Please be aware that once you share information, we are no longer
in control of how such information may be used by the third parties in receipt
of your personal information. In addition, some parts of our Services may be
public and any information you provide in these areas may be read, collected,
and used by others who access them.
(h)
To Protect You, Us, or Others.
We
may share your personal information if we believe, in good faith, that such
disclosure would protect your interests or rights, or the interests or rights
of others, including Tomofun and its personnel.
When
you access or use our Services, we may transfer your personal information to
countries in the world where Tomofun conducts business. Such countries may be
located outside of the country or jurisdiction where you are located and may
have data protection laws that are less protective than the laws of the
jurisdiction in which you reside. In such countries, Tomofun will still handle
your personal information in the manner described herein. If you do not want
your information transferred to or processed or maintained outside of the
country or jurisdiction where you are located, you should not use the Services.
If
you reside in the European Economic Area (“EEA”), the United Kingdom (“UK”) or
Switzerland (collectively “Europe”), we transfer your personal information
subject to appropriate safeguards as permitted under the applicable data
protection laws. Specifically, when your personal information is transferred
out of Europe, we have the required contractual provisions for transferring
personal information in place with the third parties to which your information
is transferred. For such transfers, we rely on legal transfer mechanisms such
as Standard Contractual Clauses.
Tomofun
employs physical, electronic, and managerial procedures to safeguard the
security and integrity of your personal information. Billing and payment data
is encrypted whenever transmitted or received online. Personal information is
accessible only by staff designated to handle online requests or complaints.
All Tomofun agents and contractors with access to personal information on our
Services are also bound to adhere to this policy.
However,
you are also responsible for maintaining the security of your personal
information on our Services. You should keep your account login information
confidential, and make sure any wireless connections to our Services are
secure. If you believe your account information has been compromised or that
you have experienced unauthorized access to your account information, please
contact us immediately at support@furbo.com.
Your
app store on iTunes or Google Play may collect certain information in
connection with your use of the Services, such as your payment information,
geolocational information, and other activity data. We have no control over the
collection of such information by a third-party app store, and any such
collection or use will be subject to that third party’s applicable privacy
policies.
Our
Services contain links to third-party websites, applications or services. We
have no control over the privacy practices or the content of these third
parties. As such, we are not responsible for the content or the privacy
policies of such third parties. Please check the applicable third-party privacy
policy and terms of use before sharing your personal information with them.
Our
Services are not directed to children under the age of 18. We adhere to the
Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly
collect personal information from any child under the age of 18, unless a
parent or guardian consents to our collection and processing of such
information. If a parent or guardian becomes aware that his or her child has
provided us with personal information without their consent, he or she should
contact us at support@furbo.com. If we become aware that a child under 18
has provided us with personal information, we will take steps to delete such
information from our files.
If
you sign up to receive marketing communications from us, such emails will
include the capability to opt-out of receiving such e-mails in the future.
Marketing communications include any communications to you that are only based
on advertising or promoting products and services. Transactional communications
about your account or our Services are not considered “marketing”
communications.
Any
users that have signed up for an account with our Services may contact us to
access, review, update, correct or delete the personal information we have on
file.
For
questions about your personal information on our Service, please contact us. We
will respond to reasonable inquiries without undue delay. When seeking to
access or update your personal information, we may ask you to verify your
identity before we can act on your requests to ensure the security of your
account.
Access
to your personal information may be denied in accordance with the laws of the
jurisdictions in which Tomofun operates. Examples of circumstances where access
may be denied include (a) where providing access will pose an unreasonable
impact on the privacy of another individual, (b) where your request for access
is frivolous or vexatious, (c) where the information relates to existing or
anticipated legal proceedings between us and you, and the information would not
be accessible by the process of discovery in those legal proceedings, or (d)
where providing access would be unlawful, would pose a threat to the life or
health of an individual, may prejudice an investigation of possible unlawful
activity, may prejudice enforcement of laws, or denying access is
specificaluthorizedsed by law.
You
may request to correct or update any of your personal information in our files.
We may provide you with the ability to update some or all of your personal
information directly via the Services. If you request that your information be
corrected and we do not agree that it is incorrect, we may refuse to update
that information. In such a scenario, we will provide written notice
of our refusal to do, will place a statement of what you allege is correct
where your personal information is kept and accessed.
As
permitted by applicable law, you may delete your account by sending a request
to delete your account to support@furbo.com. However, your deletion
request may be limited as necessary to comply with our legal obligations,
resolve disputes, or enforce our agreements, or to protect the rights and
interests of others. We will try to fulfill your request without undue delay.
While
retention requirements can vary by country, we generally apply the retention
periods noted below. Please contact us if you have any questions about our
retention periods.
● Marketing. We
store your marketing contact information for as long as you are still
subscribed. When you unsubscribe from marketing communications, we will add
your contact information to our suppression list to ensure we respect your
unsubscribe request.
● Content. For example, if you choose to enable Smart
Alerts, Cloud Recording, and other Furbo subscription features on our Services,
we may store the video for 24 hours to seven days after the video recording is
completed according to the needs of each function or your request.
Notwithstanding the foregoing, we may store Content indefinitely after the
closure of your account for the establishment or defense of legal claims,
audit, and crime prevention purposes.
● Activity Data. We
may store activity data indefinitely after the closure of your account for the
establishment or defense of legal claims, audit, and crime prevention purposes.
● Telephone Records. We
may record our calls with you for call quality purposes. As required by
applicable law, we will inform you that a call will be recorded before doing
so. Any telephone calls with you may be kept for a period of up to six years.
● Cookie and Other Web Behavior
Data. We retain any information collected via
cookies, clear gifs, flash cookies, webpage counters, and other technical or
analytics tools up to one year from the expiry of the cookie or the date of
collection. Please refer to our Cookie Policy for more information.
This
section applies only to California residents. Pursuant to the California
Consumer Privacy Act as amended by the California Privacy Rights Act
(“California law”), below is a summary of the categories of Personal Information (as the term is defined
under California law)that we collect, the reason we collect such Personal
Information, where we obtain the Personal Information, and the third parties
that we share Personal Information.
We
generally collect the following categories of Personal Information about your
when you use our Services:
● identifiers
such as a name, address, unique personal identifier, email, phone number, your
device’s IP address, software, and identification numbers associated with your
devices;
● commercial
information such as records of products or services purchased, obtained, or
considered by you;
● Internet
or other electronic information regarding your browsing history, search
history, the webpage visited before you came to our Site, length of visit and
number of page views, click-stream data, locale preferences, your mobile
carrier, date and time stamps associated with transactions, and system
configuration information;
● your
geolocation, to the extent you have configured your device to permit us to
collect such information;
● audio
recordings of your voice to the extent you call us, as permitted under
applicable law;
● education
related information
● professional
or employment-related information; and
● inferences
about your preferences, characteristics, behavior, and attitudes.
We
generally do not collect protected classifications about our users, or
biometric information. For more information about the Personal Information we
collect and how we collect it, please refer to sections 1 and 2, above and our
Cookie Policy (https://shopfr.furbo.com/pages/cookie-policy ).
We
collect your Personal Information for the business purposes described in
section 3, above, and in our
The
categories of third parties with whom we may share your Personal Information
are listed in Section 4, above.
The
categories of Personal Information that may be disclosed to a third party in a
way that is considered a “sale” and “sharing” under California law
include: identifiers, internet activity
information, geolocation data, and commercial information. For more information on your right to
opt-out of sharing and sales, please see below.
We will retain your Personal
Information for the time period required or permitted by law or for the time
reasonably necessary to achieve the purposes described in this Policy or any
other notice provided at the time of collection. Retention is based on several
factors, including legal requirements, statutes of limitation, and business
needs.
We
do not have actual knowledge that we sell or share (for cross-contextual
advertising purposes) the Personal Information of minors under the age of 16.
We do not process Sensitive Personal
Information, as defined under California law, with the purpose of inferring
characteristics about consumers.
We
collect the following categories of Sensitive Personal Information (as defined
under California law): account log-in, method of payment, and, if applicable,
credit card number, video and audio data, government issues identification
data, demographic information and your geolocation. This information is
collected to process transactions, comply with laws, manage our business, or
provide you with services. We do not share Sensitive Personal Information for
purposes of cross-context behavioral advertising.
Privacy Rights
If
you are a California resident, you have certain rights in relation to your
Personal Information; however, your rights are subject to certain exceptions.
For instance, we cannot disclose specific pieces of Personal Information if the
disclosure would create a substantial, articulable, and unreasonable risk to
the security of the Personal Information, your account with us, or the security
of our network systems.
● Right Against Discrimination.
You have the right not to be discriminated against for exercising any of the
rights described in this section. We will not discriminate against you for
exercising your right to know, delete or opt-out of sales.
● Right to Know/Access
You have the right to request in writing: (i) a list of the categories of
Personal Information, such as name, address, email address, that a business has
disclosed during the immediately preceding calendar year for a third party for
its direct marketing purposes, and (ii) the names and addresses of all such
third parties. In addition, you have the right to request: (a) the categories
of Personal Information we have collected about you, (b) the categories of
sources from which Personal Information is collected, (b) the business or
commercial purpose for the information collection, (d) the categories of third
parties with whom we have shared Personal Information, and (e) the specific
pieces of Personal Information we hold about an individual.
● Right to Portability.
You have the right to receive a copy of the Personal Information we have
collected about you in a structured, commonly used and machine-readable format.
●
Right
to Correct. You have the right to request that your information be
modified. You may ask us to correct information that is inaccurate or
incomplete. Note that we may keep historical information in our backup files as
permitted by law.
● Right to Delete. You
have the right to request us to delete any Personal Information we have
collected from you or maintain about you, subject to certain exceptions.
● Right to Opt-Out of Selling.
You have the right to opt-out of having their Personal Information sold. We do
not currently sell your Personal Information.
●
Right
to Opt-out of Targeted Advertising.
●
Right
to Limit Use and Disclosure of Sensitive Personal Information. If
you are a California resident, to the extent your Sensitive Personal
Information, as that terms is defined under California privacy law, is used to
infer characteristic about you, you have the right to object to our processing
of your Sensitive Personal Information.
●
Right
to Opt-Out of Automated Decision-making or Profiling. You
have the right not to be subject to a decision which significantly impact your
rights that is based solely on automated processing (where a decision is taken
about you using an electronic system without human involvement). No decision
which has a significant impact on you will be made by us about you solely on
the basis of automated decision making.
To
assert your right to know, to delete, to port, or to change your Personal
Information, please email us at support@furbo.com,with
the subject line “CA Rights Request”, or mail us at the address noted below in
the Contact Us section. In your request,
please make clear which right you would like to exercise
To
verify your identity, we may ask you to verify Personal Information we already
have on file for you. If we cannot verify your identity from the information we
have on file, we may request additional information from you, which we will
only use to verify your identity, and for security or fraud prevention
purposes.
You
can designate an authorized agent to make a request on your behalf. If you use an authorized agent to submit a
request on your behalf, we will require you to directly verify your identity
with us, or have you directly confirmed with us that the authorized agent has
been authorized to act on your behalf.
Shine the Light Disclosure. If
you are a California resident you may request a notice from us describing what
categories of personal information (if any) we have shared with third parties,
including our corporate affiliates, for direct marketing purposes during the
preceding calendar year. You may request such notice once a year and free of
charge. To request a notice, please contact us as provided in the “Contact Us”
section of this Policy. In your request, please specify that you want a
“California Privacy Rights Notice.” We will respond to you with thirty (30)
days or as permitted by law.
Notice of Financial Incentive. We
offer programs that provides certain perks, such as rewards, discounts, and
exclusive offers (the “Loyalty Programs”). When you sign up for a Loyalty
Program, we will ask you to provide your email address, and your telephone
number. Under California law, our Loyalty Programs might be interpreted as
“financial incentive” programs as they involve the collection of personal
information. In exchange you receive the
Do Not Track. Some browsers have incorporated Do Not Track
(“DNT”) preferences, but our Services do not respond to DNT signals at this
time because we do not track your activities across the internet and off of our
Services.
This
section only applies to individuals that access or use our Service while
located in the European Economic Area, United Kingdom, and/or Switzerland
(collectively, ”Europe”) at the time of data collection. We may ask you to
identify which country you are located in when you use some of the Services, or
we may rely on your IP address to identify which country you are located in.
When
we rely on your IP address, we cannot apply the terms of this section to any
individual that masks or otherwise hides their location information from us so
as not to appear located in Europe. If any terms in this section conflict with
other terms contained in this Policy, the terms in this section shall apply to
users in Europe.
(a)
Our Relationship to You.
Tomofun
Co. Ltd. is a data controller with regard to any personal information collected
from individuals accessing or using its Services. A “data controller” is an
entity that determines the purposes for which and the manner in which any
personal information is processed. Any third parties that act as our service
providers or are otherwise acting on our behalf are “data processors” that
handle your personal information in accordance with our instructions.
(b)
Marketing.
We
will only contact individuals located in Europe by electronic means (including
email or SMS) based on our legitimate interests, as permitted by applicable
law, or the individual’s consent. When we rely on legitimate interest, we will
only send you information about our Services that are similar to those which
were the subject of a previous sale or negotiations of a sale to you.
If
you do not want us to use your personal information in this way, or to disclose
your personal information to third parties for marketing purposes, please go to
the email settings for your account to opt-out, click an unsubscribe link in
your emails, or contact us at support@furbo.com. You can object to direct
marketing at any time and free of charge.
(c)
Legal Bases for Processing Your Personal Information.
We
describe our legal bases for processing throughout this Policy. Below is a list
of the purposes described in our policy with the corresponding legal bases for
processing. Generally, the legal bases on which we rely on to
process your personal information include: your consent to the processing;
satisfaction of our legal obligations; necessity to protect your vital
interests; necessity to carry out our obligations arising from any contracts we
entered with you or to take steps at your request prior to entering into a
contract with you; necessity to process in the public interest; or for our
legitimate interests as described in those sections.
|
Purpose for Processing |
Legal Bases for Processing |
|
Section 5: How We Use Your Personal Information · 5(a) To provide
our services to you · 5(b) To Provide
You with Service-Related Communications. · 5(c) To Provide
Customer Support or Respond to You. · 5(d) To Enforce
Compliance with Our Terms, Agreements, or Policies. · 5(e) To Ensure the
Security of the Services. Section 6: Disclosure of Your Personal Information · 6(a) Within Our
Corporate Organization. · 6(c) Service
Providers and Agents. |
Based on our contract with you or to take steps at
your request prior to entering into a contract. |
|
Section 4: Third-Party Source of Your Personal
Information · 4(a) From Your
Friends and Family Section 5: How We Use Your Personal Information · 5(i) To Engage in
Marketing Activities. Section 6: Disclosure of Your Personal Information · 6(d) Affiliated
Businesses. · 6(e) Marketing by
Third Parties. · 6(g) Your Consent. |
Based on your consent. |
|
Section 5: How We Use Your Personal Information · 5(f) To Maintain
Legal and Regulatory Compliance. Section 6: Disclosure of Your Personal Information · 6(f) Compliance
with Legal Obligations and Disclosure to Governmental Authorities. |
Based on our legal obligations. |
|
Section 6: Disclosure of Your Personal Information · 6(h) To Protect
You, Us, or Others. |
To protect your vital interests. |
|
Section 4: Third-Party Source of Your Personal
Information · 4(c) Third Party
Marketing Partners and Social Media Platforms - Legitimate interest Section 5: How We Use Your Personal Information · 5(g) To Enhance
Your Experience on our Services. · 5(h) To Conduct
Research and Development. Section 6: Disclosure of Your Personal Information · 6(b) Mergers and
Acquisitions. |
Based on our legitimate interests. When we process
your personal data for our legitimate business interests we always ensure
that we consider and balance any potential impact on you and your rights
under data protection laws. |
(d)
Your Individual Rights.
Subject
to certain exceptions, you have the following rights in the circumstances
described. If you would like to exercise your rights under applicable law,
please contact us at support@furbo.com. Please note, we may seek to verify
your identity when we receive an individual rights request from you in order to
ensure the security of your personal information.
● Right to Withdraw Your Consent. If
we ever asked for your consent to process your personal information, you have
the right to withdraw your consent at any time. A withdrawal of consent will
not affect the lawfulness of our processing or the processing of any third
parties based on consent before your withdrawal.
● Right of Access. Upon
your request, we will provide you with a copy of your personal information in
our files without undue delay and free of charge, unless we permitted by law to
charge a fee. Your access may be limited to the extent it would adversely
affect the rights and freedoms of other individuals.
● Right to Rectification (or
“Correction”). You may request to correct or
update any of your personal information in our files. We may provide you with
the ability to update some or all of your personal information directly via the
Services.
● Right to Erasure (or the “Right
to be Forgotten”). Upon your request, we will erase
any of your personal information in our files that: is no longer necessary in
relation to the purposes for which it was collected or otherwise processed; was
collected in relation to processing that you previously consented to, but later
withdrew such consent; or was collected in relation to processing activities to
which you object, and there are no overriding legitimate grounds for our
processing.
● Right to Restriction.
You have the right to restrict our processing of your personal information
where one of the following conditions applies:
o
You contest the accuracy of your
personal information that we processed. If you restrict processing based on
this condition, you may experience an interruption of some or all of the
Services during the period necessary for us to verify the accuracy of your
personal information;
o
The processing is unlawful and
you oppose the erasure of your personal information and request the restriction
of its use instead;
o
We no longer need your personal
information for the purposes of the processing, but it is required by you to
establish, exercise, or defense of legal claims; or
o
You have objected to processing,
pending the verification of whether the legitimate grounds of our processing
override your rights.
During
the time which restriction of processing applies, we will only process your
restricted personal information with your consent or for the establishment,
exercise, or defense of legal claims or for the protection of the rights of
another natural or legal person or for reasons of important public interest. We
will inform you if or when the restriction is lifted.
● Right to Object. You
may object to our processing at any time and as permitted by applicable law if
we process your personal information on the legal bases of: consent; contract;
or legitimate interests. We may continue to process your personal information
if it is necessary for the defense of legal claims, or for any other exceptions
permitted by applicable law.
● Right to Data Portability. If
we process your personal information based on a contract with you or based on
your consent, or the processing is carried out by automated means, you may
request to receive your personal information in a structured, commonly used and
machine-readable format, and to have us transfer your personal information
directly to another “controller,” where technically feasible, unless the
exercise of this right adversely affects the rights and freedoms of others.
Your right to data portability only applies to personal information provided by
you to us.
● Notification to Third Parties. When
we fulfill your individual rights requests for correct (or rectification),
erasure, or restriction of processing, we will notify third parties also
handling the relevant personal information unless this proves impossible or
involves disproportionate effort. Upon your request, we will identify such
third parties.
● Automated Individual
Decision-Making, Including Profiling. You
have the right not to be subject to a decision based solely on automated
processing of your personal information, including profiling, which produces
legal or similarly significant effects on you, unless an exception applies
under applicable law.
● Limitations to Individual Rights
Requests. We may limit your individual rights requests in
the following ways:
o
Where denial of access is
required or authorized by law;
o
When granting access would have a
negative impact on other's privacy;
o
To protect our rights and
properties; and
o
Where the request is frivolous or
burdensome.
● Right to Lodge Complaints. If
you believe that we have infringed or violated your privacy rights under
applicable law or this Policy, please contact us at support@furbo.com so that
we can work with you to resolve your concerns. You also have a right to lodge a
complaint with a competent supervisory authority situated in a Member State of
your habitual residence, place of work, or place of the alleged infringement.
● European Data Protection Officer.
You may reach our Data Protection Officer at dpo@furbo.com.
● European Member Representative. You
may reach our European member representative at
member.rep@furbo.com.
If
you have any questions, comments or complaints about our privacy practices,
or if you need to access this privacy
policy in an alternative format due to having a disability, you may contact
Tomofun by email at support@furbo.com
最新版本
●
●
●
●
●
●
●
●
● 識別性資訊
●
●
●
●
●
●
●
●
● 知悉
●
●
●
●
●
●
●
反向客戶訊息披露
無法追蹤
Tomofun
Co.,Ltd.是從訪問或使用其服務的個人那裡收集的任何個人資訊的數據控制者。“數據控制者”是確定處理任何個人資訊的目的和方式的實體。作為我們的服務提供者或以其他方式代表我們行事的任何第三方都是“數據處理者”，他們按照我們的指示處理您的個人資訊。
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
●
● 存取
●
●
●
o
o
o
o
●
●
●
●
●
o
o
o
o
●
●
●
We are not seeing a Cookie Policy on your site. We recommend you have one in place, and that
you set up a cookies consent banner for EEA/UK visitors, and either have a
consent banner for CA residents in relation to third party advertising cookies,
or set up an opt-out mechanism and respond to Global Privacy Control (GPC), an
opt-out preference signal – which is required under CA law.
This is the language to be used if Tomofun has a consent
banner that fires for all California IP addresses that requires CA users to
accept third party advertising cookies before they fire. If Tomofun obtains California residents’
consent to share their PI with third party advertisers, it will not be
considered to be selling or sharing PI.
However, if Tomofun does not have a consent banner it must:
Remove all third
party advertising cookies from its site; or
Set up the website to
honor GPC/opt-out preference signal and provide users a way to opt-out of third
party advertising cookies.
Most organizations use a third party cookie solution such as
OneTrust, to meet this compliance obligation.
Happy to discuss further. If
Tomofun decides to provide the right to opt-out of sharing, this language
should be replaced with the following language:
You have the right to opt-out of the sharing of your
Personal Information for behavioral advertising purposes. Like many websites,
we use cookies, pixels, and similar technology, and we share certain
information, such as your IP address or device identifiers, to certain
third-party advertisers in order to improve your user experience and to
optimize our marketing activities. You have the right to direct us not to share
or use your Personal Information for targeted advertising purposes.
To the extent the applicable law provides you with this
right, you may exercise your right to opt-out by clicking on the “Your Privacy
Rights” link in our websites’ footer. You will need to submit a separate
opt-out of sharing request on each device and browser you use to visit our
Websites.
You may also opt-out of sharing and sales by using an
opt-out preference signal for each participating browser system that you
use. We will honor and process the
opt-out preference signal in a frictionless manner. To start using an opt-out
preference signal, please refer to the instructions provided here. You will need to submit a separate opt-out of
sharing request on each device and browser you use to visit our websites. Please note that you may still receive
generalized ads after opting out of targeted advertising.